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RSingh (Software engineer)     29 July 2009

Irrecovable Agreement of Sale-Cum-GPA

I have one personal doubt on Legal matter. Plz take ur own time to answer.

Brief about the CASE.

Assume Man-A given a “Irrevocable Agreement of Sale-Cum-General Power of Attorney”  to Persons X and Y.

Now Man A agreed to withdraw the above said GPA (Irrevocable agreement of sale cum GPA) by means of some negotiation with the opponents.

My questions are :

1. If a man given GPA to X and Y persons and now he wants to withdraw that GPA, can he…???

2. Is there any time limit to Renew the GPA since the given GPA is around 10 months old….and it needs any retention period.

3. The word “ Irrevocable Agreement of sale cum GPA “  in which can he withdraw this GPA (IMP question)

4. If not possible to withdraw, can we do the settlement outside the court by means of negotiation.

 

Note: The persons X and Y knows that GPA given to them by man A is Bogus, since they does not have Patha Pass Books(on Agriculture lands), and we (Opponents) have Registered legal document and Patta pass books with us of the Agriculture land. They simply filed a case by giving above GPA to persons XY, and created some panic to us to plug some money on this from us. Finally they came to know ,even their Advocate says that one day we will lose  this case and that is why they are negotiating with us. For which first he has to Withdraw the case for which we need to give some money to the GPA holders that is persons X and Y since X and Y given some money to Man-A as he has given above GPA.

 

Pl clarify on this. Can he Withdraw the GPA or not. If not, what is the possible solution



Learning

 3 Replies

Y V Vishweshwar Rao (Advocate )     02 August 2009

The GPA cum Sale Agreemtn can  be withdran by A and X & Y , by executing  & Registerign a  deed of Cancellation of GPA cum Sale agremetn and it shall be registered where the  GPA was Registered .

In the said  Cancellation Deed there must be a specific clause regardign - what are the  acts / transactions made under the said  GPA cum Sale agreemtn , if no Transactions are made the same shall be recorded .

Cancellataion of  GPA cum Sale Agreement shall be executed by both parties - Prinicapl/

Vendor and Purchaser /Agents and it shall be registered

 

 

Y V Vishweshwar Rao (Advocate )     02 August 2009

For more details - see Spot Light - in this Lawyersclubindia  Home Page - Power of attorney facts -

Srinivas   21 March 2018

Hi, I have a doubt. Why agreement of sale cum GPA is made instead of Sale deed. What are the advantages and disadvantages. Can we buy a plot from Agreement of sale cum GPA person? What others precaustions we should take if we need to purchase from AGPA.


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