• GPA cancellation

I, ( 68 yearsHindu Male) don't remember but my elder brother said once that I issued a GPA to him in around 1978 (42 Yrs back) when I was 26 yrs old to deal with my property. Then I had only ancestral agricultural property in AP state. I do not know the GPA contents, issue date, whether registered or not. Now I am a resident of Hyderabad in Telangana State.The property is in AP state.
In 2006, I purchased 2 Acres of Land from another brother thru a registered sale deed. Recently I noticed in the on line encumbrance certificate from the GOVT of AP that the 2 Acres land I purchased is now in the name of my brother's Son. Obviously my brother must have used the GPA to transfer the property to his son.
Now my Questions are:
1) Is it legal for him to transfer to his own son?
2) I understand GPA is only to sign on yr behalf in the presence of Registrar. Can an attorney do the transfer on his own to his own son without instructions from the DONOR, receive the money & not pay the Donor?
3) I acquired this property 30 yrs after the GPA purported to beissued. Can the GPA be used for properties of the DONOR acquired much later?
4) What or my options to regain the property Civil case & Criminal?case?
5) How can I cancel that GPA about which I don't have any info like date & copy?. I can only guess where it was registered( SRO office in my native town but don,t have the date) i
6) Can I register ageneral deed cancelling any POA issued to him earlier at the Office in Hyderabad (Place of my residence) & sent the intimationn to him & publish in news paper at my native town - his place of residence.
Asked 8 days ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

Hi,  now the property has transferred.  You have no  other option,  you have to file a suit against your brother son for cancellation of the Sale Deed and also sought for Declaration that you are the absolute owner of the property. 

 

 

Pradeep Bharathipura
Advocate, Bangalore
4788 Answers
248 Consultations

4.5 on 5.0

Did you execute registered GPA authorising him to transfer property ?

 

2) if GPA was only notarised it could not have been used by your brother 

 

3)it is necessary to peruse GPA executed by you to advice 

 

4) take search in sub registrar office if it is registered GPA 

 

5) you can revoke GPA by public notice and notice to principal 

 

6) you will have to register a revocation deed to cancel the registered GPA.

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You can revoke the GPA at any time . And it should be to stop future transactions.

But it will not have any legal effect for the past transaction.

Further no criminal case can be made out from this. 

Your immediate step is  to call for accounts of the sale from your agent. 

An agent is always bound to act with reasonable diligence and to use such skill as he possesses and to make compensation to his principal in respect of any direct consequences of his own neglect want of skill or misconduct. 

So if the is any loss occurred by such sale you can claim compensation from him. 

Communicate his accordingly to submit the accounts and remit the sale proceeds. Claim interest for delay. 

 

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

1. Its invalid due to conflicts of interest. 

2. Same as above. 

3. No

4. Both civil and criminal cases lie.

5. Make a general deed of revocation. 

6. Yes

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

It depends on what content it has can't say generally. You can challenge the same by filing suit for cancellation. 

It requires a registered gpa. You need to check how the same is transferred. 

It can't be used for any contrary it states. 

You need to approach court for cancellation

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

1.  You first ascertain that how this property was transferred to your brother's son, who executed this registered transfer deed in his name and in what capacity, after that only the legal validity of the same can be confirmed.

2. If the transfer of property by a registered deed was done recently then you should confirm that whether your brother had done in the capacity of the power of attorney holder , if so he would have transferred by   a registered GPA deed only. If the donor did not receive the sale consideration amount then the donor can file a recovery suit to recover the amount.

3. There should be some fraudulent manipulation in this transaction, hence you first obtain the certified copy of the document and consult a local lawyer to ascertain the facts as well as the legality of the registered transaction before taking any legal action.

4. Follow the steps suggested above.

5. Without having a copy of the document what you refer, you may not be able to even confirm if any such document exists, hence first try to locate the document, if not then you file a suit for cacnellation of his registered deed which will provide you the desired solution.

6. There are two states involved in it, hence any action taken in Hyderabad for the property situated in Andhra may not be valid.

 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer