FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srivisahanathan K (Consultant)     29 July 2009

General Power of Attorney

 

Can a person holding GPA for 14 yrs execute sale deed in favour of the absolute owner without intimating/consulting the absolute owner?

 


Learning

 10 Replies

Raji Reji (Legal Assistant)     29 July 2009

No. For sale or purchase of any property there should be a Specific Power of Attorney issued infavour of the Attorney by the Executor for such specific purpose; say for the purpose of executing a sale deed.

Srivisahanathan K (Consultant)     29 July 2009

Hi Raji Renji,

I have gone through the GPA document and it states that the Attorney has all the powers to sell the land and sign the sale deed on behalf of the absolute owner.

Is this okay to buy the land. But my only concern is that the GPA was signed on somewhere in Apr-1995. Is the GPA still valid. The absolute owner of the land was 61 years old then.

Pls. advice.

Thanks,

Visu

 

Raji Reji (Legal Assistant)     29 July 2009

Please check the validity period of the GPA. What it says? any revocation clause is mentioned there? These clauses need to be checked. 

1 Like

Anup Kumar (business)     29 July 2009

The Principal in this case must be around 75 year of Age. Please read case law below:

 

In circumstances, when the principal has become old, weak, mentally infirm/incapable, and not in a position to have independent disposition and thinking power, continuing to act on such power of attorney will be unethical & immoral on the part of the agent and would amount to fraud, cheating, misappropriation & criminal breach of trust. It would cease to have validity in law. [Mahendra Pratap Singh & Anr. v. Smt. Padam Kumari Devi, A.I.R. 1993 All. 143].

1 Like

Srivisahanathan K (Consultant)     29 July 2009

 

 

Hi Raji Reji,

Thanks for your reply. I have checked the GPA document and the clause mentioned is the Attorney can sell the land and sign the sale deeds on behalf of the absolute owner. Attorney can sell the land as a whole or part. The Attorney has made a layout out of the land of  absolute owner. He is selling the plots made in the layout.

Thanks & Regards,

Visu

Srivisahanathan K (Consultant)     29 July 2009

Hi Anup,

Thanks for your mail. Its is really helpful.

Thanks & Regards,

Visu

 

Deekshitulu.V.S.R (B.Sc, B.L)     30 July 2009

The decision might be right on the circumstances of that case. As per law, there is no time limit for the Power, unless it is revoked, by the principal, by giving a public noticce or a notice to the agent. As long as there is a POA, the agent can always act on the same and conduct transactions.

The decision in 1993.All. 143 arises under different circumstances and finding was given accordingly

1 Like

Jithendra.H.J (Lawyer)     30 July 2009

but the power of attorney should be registered, before purchasing the property it is better to take paper publication
2 Like

Srivisahanathan K (Consultant)     31 July 2009

 

 

Thanks for your reply. The GPA is registered and valid till now.

 

1 Like

ubaid kazi (advocate)     29 January 2011

thanks to all my frinds!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query