• Gpoa and sale deed

Letters mentioned here as A ,B, C, D and E represent persons mentioned for the ease of understanding. 
Seller XYZ sold a property to A,B,C, and D in year 1996. A,B,C and D being the co owners with equal rights on property.
 In year 2006 owner A and B gave registered GPOA (General Power of attorney ) to C for working on behalf of them. 
Owner A gave a legal notice of cancellation of POA to C in year 2011. Owner (A) transferred the property to his sister (E) as registered gift deed in year 2015. Same changes were made on 7/12 property card in 2017. 
Since 2017 owner on 7/12 property card are E, B, C and D In 2016 "C" used the POA to make a registered agreement of sale using a forged unregistered Agreement of sale he made in the year 2001 with forged signatures.
 In June 2019 "C" transferred the property rights of A and B to himself registering a Sale deed document using the cancelled POA and Registered agreement of sale of 2016 , attaching old 7/12 property card having Owners A,B,C and D , whereas the current owners being E, B, C and D. 

My queries: 
1) Is it allowed to use 2 year old 7/12 property card to Register a sale deed ? Any Law governing the same ?, any reference would really help. 
2) Is a GPOA holder allowed to transfer property on his own self ?
3) Is the GPOA still valid for Person "C" after the Donor "A"has already transferred the property to "E" ? 
4) Is a person allowed to register a unregistered Agreement of sale after 10 years ? 

Thanks a lot, Regards.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

1. It will be better to take latest one. 

2.Yes he can. 

3. No

4. Yes with penalty

 

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

1) Registration of sale deed  has to be done within maximum period of 8 months with penalty 

 

2) GPA holder can transfer property to himself 

 

3) GPA executed by A in favour of C was cancelled in 2011 

 

4)A could execute gift deed in favour of E 

 

5) C cannot use revoked POA 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

No it is not allowed to use old property card for registration of property and it will also be not possible 

Yes but in this case he need consent from the Principal of POA that he have given the Monetary compensation for purchase of property to self. 

No GPOA have become invalid once the property has been transferred to E through Gift deed by A. 

No it will be illegal. 

You can lodge aN FIR against C for fraud, criminal breach of trust and forging signatures and documents for making sale on cancelled POA. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Latest property card is required for registration as per notification by government for registration.

2. If rights are given for transfer he can transfer it to himself.

3. Since owner of property is E GPA is not valid.

4.  He can if valid GPA or owner sign the sale deed . 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

My queries: 

1) Is it allowed to use 2 year old 7/12 property card to Register a sale deed ? Any Law governing the same ?, any reference would really help.

7/12 extract is not a title document. Using it, no person can register a property onto his name. No person can say that his since his name appears on the 7/12 extract, he is the owner. For conferring ownership rights on C, he needed a registered title document standing in his name. C's authority was already terminated in 2011. Therefore C could no more use the POA either in 2016 or in 2019. The transfer to C is illegal
2) Is a GPOA holder allowed to transfer property on his own self ?
yes that is permissible provided there is a power given in the POA itself. However in this case C's authority was already terminated in 2011. Therefore any acts of C using the POA in 2016 and 2019 is completely illegal

3) Is the GPOA still valid for Person "C" after the Donor "A"has already transferred the property to "E" ?
POA became invalid in the year 2011 and could not have been used by C in 2016 and 2019

4) Is a person allowed to register a unregistered Agreement of sale after 10 years ?
the registration act permits an unregistered document to be registered max within 8 months from date of signing. So registration after 10 years is not valid. However if both the parties to the unregistered agreement confirm the transaction under a Deed of Confirmation then such an unregistered agreement can be registered. However in this case C used a POA which was already revoked in 2011. Therefore neither he could use that POA for registering the 2001 agreement or for transferring the property to himself in 2019

Please file a suit against C
you can also pursue criminal action against C

Yusuf Rampurawala
Advocate, Mumbai
7935 Answers
79 Consultations

deed of cancellation of POA ought to have been registered as POA was registered 

 

mere sending legal notice is not sufficient 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

since property has already been gifted donor had no right , title interest in property

 

2) on basis of said POA   C could not have sold the property 

 

3) it would take more than a year for obtaining report from forensic lab  

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

1. ideally the POA would have to be cancelled by a registered cancellation document, since the POA is a registered document. The registered cancellation document would show in registration search whenever any party would take out a search report for purpose of doing due diligence on title of the property

2. however since you have received AD card duly acknowledged by the constituted attorney, then he could not use the said POA after that letter informing about the revocation of the POA

3. How long does it take ? - not possible to predict. However you can follow up through RTI for a quicker response

Yusuf Rampurawala
Advocate, Mumbai
7935 Answers
79 Consultations

Registered cancellation deed is needed for the cancellation of registered poa. You can request the court to send it to government lab it will send it. It takes considerable time

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

Sending legal notice and newspaper publication is better way to cancel the POA.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The POA is not valid now after gift.

You case is strong as it is wrongly sold.

See you can also get it tested with private agency and court may order to fastrack forensic procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes for Cancellation of POA you have to get a registered cancellation deed and legal notice is not enough but as the property for which POA was registered has been gifted to sister of A so POA has been automatically cancelled.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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