• Cancellation after getting a copy of registered GPA

A fathe has only daughter's 
One of the daughters is staying with father since long after separation She recently got a GPA done from both parents without consent or informing other daughter's She took signatures by telling that deaf had only regular points regarding banks,lawyers etc to parents But she put clauses of right to sell and enter into agreement with developers Father has a bungalow .Now she has refused to share the copy neither with other sister not with her father
Pl guide how other daughter's can get a copy and what is provision for cancelling or staying the daughter from selling the house or giving development rights
Asked 1 year ago in Civil Law

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7 Answers

The daughter with the power deed on her name cannot sell the immovable property if it was executed by an unregistered document.

If the father had executed the power of attorney deed in her favor and is of the opinion that she will misuse the same, he can very well issue a legal notice to her intimating her that the power of attorney deed is revoked/cancelled and she is restrained from proceeding with any task mentioned in the deed with immediate forthwith. 

He can send the copy of the legal notice to the concerned sub registrar besides publishing the same in the local newspaper too and then file a cancellation deed before the concerned sub registrar to cancel the registered power of attorney deed. 

If the property mentioned in the power deed belongs to the father alone, then the other daughter cannot interfere in the decision of her father nether she has any rights to obtrain stay order on this. 

Her father can do anything with his self acquired proeprty, he need not obtain consent or permission of all his children to do this act. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Father should issue notice to daughter regarding revocation of POA 

issue public notice about revocation of POA 

 

I presume POA is notarised and not registered 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If it is a registered document then your father should resort to legal process by first serving a legal notice to the power agent intimating his decision to cancel the power of attorney deed,  then he can issue a public notice in a local newspaper about the cancellation of this power of attorney deed and warn the public to not to deal with the power agent in any manner for all the related activities pertaining to the property mentioned in the deed after which he can approach concerned sub registrar office to execute a registered cancellation deed to cancel this power of attorney deed. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If it is registered your father has to file suit to set aside registered POA as done under coercion 

 

2) seek injunction restraining daughter from selling the bungalow or creating any third party rights 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- If the said GPA is registered from the Sub-registrar , then it can be cancelled after entering into a cancellation deed , but for that the consent of your sister is needed. 

- Otherwise, for cancelling the said GPA , your father will have to file a Declaration and Inunction suit before the Court for cancelling the GPA and to restrain her from selling the property. 

- Further, if your father has purchased that property i.e. his self acquired bungalow, then he has his right to transfer the same to your sister without taking consent of others. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Dear Client,

Since the GPA is registered, it will be on record at the local Sub-Registrar's Office where it was registered. The other daughters can apply for a certified copy of the GPA from the Sub-Registrar’s office. If the GPA was obtained through fraud, misrepresentation, coercion, or undue influence, the affected parties can file a civil suit seeking the cancellation of the GPA. Along with the civil suit, an application for a stay order can be filed to prevent any further actions under the GPA. This would restrain the powers granted to the daughter by the GPA. The court may also pass an injunction to prevent the daughter from entering into any agreements until further orders. For specific guidance and better representation, it is necessary to consult with a lawyer who specializes in civil law and property disputes. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

Only if the said POA is illegal then you can approach court.

you can get any copy of registratered document from sub registrar office

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

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