Under clause 2 POA has power to sell property
it is better specific c POA should have been executed
Registered Generic GPA without property details
We have purchased a property from GPA holder where the owner was in USA and given GPA to her brother in law as she rarely comes to india. Below are the 10 points mentioned in GPA, can you please validate the power of this GPA for selling and any issue in this which they can challenge us on ? 1. To apply for, demand, sue for, recover and receive from all and every or any person or persons and whomsoever concerned or chargeable there with all and every sum or SUMS of money, debts, goods, effects, securities stocks, shares and interests which shall or may belong to or become due or payable to me. 2. To take possession of all properties, lands ог tenements as I am now or any in any way become entitled to and to bring any action or other proceeding in respect to or for or concerning all or any such property, lands or tenements and also to demand, receive, recover and give receipts for the rents and profits thereof respectively for my use AND to let, sell or absolutely dispose of and with or any part thereof or to join persons or person having or who may hereafter have a share ог interest with me in any property, lands or tenements letting, selling or absolutely disposing of the same. 3. To sign in my name and as my act and deed, to execute, verify and deliver any plaint, written statement, contract, agreement lease, assignment or conveyance of and concerning any property, land or tenement belonging or which may hereafter belong to me or any part thereof and to receive and sign and give or to join the signing and giving receipts or discharges for the moneys arising from such matters, transfers or transfer. 4.Tо appear before any registering authority and to present before him any instrument whether signed and executed by me or by the said attorney, to admit execution behalf and to of the said deed, or deeds to admit the receipt of consideration and to do any act, deed or thing that may be necessary to complete the registration of the said deed or deeds and, when it has or they have been returned to him after beimng duly registered, to give proper receipts & discharges for the same. 5. For any of the purposes aforesaid and generally in my name and as my act to draw, endorse and sign any cheque or other negotiable instruments, dividend or interest warrants or other investments payable to me and to deposit in and operate upon the standing in my паme now account hereafter any bank or elsewhere. 6. To appoint and remove in his absolute discretion any substitute for or agent under my said attorney in respect of all or any of the matters aforesaid, upon such terms as he may think fit and delegate powers to them and execute necessary powers of attorney in their favor granting all or any of the powers set forth in these presents. 7. To file the returns to be filed before the Authorities or other authorities and to represent me before AND to open bank account in my name and operate same. Above GPA is money part and buying property ok ?
Asked 1 year ago in Property Law
Religion: Hindu
9 Answers
The GPA is void of property details hence the power agent cannot sell the property the particulars of which is not mentioned in the power of attorney deed.
Therefore any transaction in respect of immovable property done on the basis of this GPA may not be legally valid and the purchase can be challenged by anyone who has rights or interest in the property that was sold on the basis of this GPA deed.
The power agent has been authorised to sell the property but which property, the missing details of the property will not entitle the power agent to sell any property, thus in my opinion the purchase of property through this power agent on the basis of the power deed which is void of property particulars may always come under a challenge by the persons having interest in the property.
GPA was registered in 1997 and GPA holder sold to us in 2000. The GPA provider has filed case in 2006 and also withdrew it in 2019. After that some portion of land also was to others and the also constructed shed in 2021. Now in Dec 2023 she has entered into just a lease agreement with another person using Phani for registration as it’s still running in her name but mentioned as converted. But we are in Possession since 24 years and had given for rent from 2012 to till date and have paid all property taxes got property reconverted to commercial land in 2020 in our names. And now we have field case to cancel the lease agreement and make us absolute owners will the case stand ?
Asked 1 year ago
On the basis of registered sale deed you can claim title, besides you have been in possession and enjoyment ever since your purchase, hence you may confidently proceed with your case.
You have more chances of winning the case.
The clause number 24 authorised the GPA holder to sell the land.
It is not clear whether after sale to you the GPA maker was made aware of this sale or not. If yes then you have a very strong case
If not then also you have a good case.
If I can see the plaint of the suit which you have filed then further advice can be given.
Possession being nine points of law that too for 24 years. You have a strong case. It is for the principal of GPA to establish regarding with property the GPA is registered. As you are in possession of property, there is strong presumption that GPA pertains to same property. With challenge to lease also seek declaration of ownership under GPA. You will win the case if properly pursued. The seller is also barred from claiming property under limitation. Pahanies are not proof of title or property.
You have good case on merits
you are owner of property for last 24 years and in possession
- Since, the said GPA was given by her i.e. NRI , then that said GPA holder was having right to sell and transfer the property on behalf of her legally , and hence the sale deed executed in your name by the said GPA holder is valid
- Further, as you have purchased the said property in 2000 by the said GPA holder i.e. before the filing of the case by the GPA provider , then your sale deed is legal and cannot be cancelled on any ground.
- Hence, after selling and executing the sale documents in your name even by the GPA holder has no right to re-claim the same , and to enter into a lease agreement.
- Further, as you are in possession of the said property since last 24 years , then also you have right on the ground of adverse possession as well.
Dear Client,
The GPA explicitly grants the attorney the power to "let, sell, or absolutely dispose of" the property and to execute and register the necessary documents for such a sale and since the GPA was registered, it holds legal validity. A registered GPA is crucial for authorizing the sale of immovable property. The sale appears to have been conducted legally under the powers granted by the GPA. The original owner entering into a lease agreement in 2023 despite the sale and your long-term possession may indicate an attempt to reclaim or challenge ownership. However, your continuous possession and payment of property taxes strengthen your position. In India, adverse possession can be claimed if you have been in continuous, open, and hostile possession of the property for 12 years. Given that you have been in possession for 24 years, you could claim adverse possession. Your case to cancel the lease agreement and declare you as the absolute owner has a strong foundation due to reasons such as registered GPA, continuous possession, etc. The lease agreement signed by the original owner in 2023 may be challenged as invalid due to the previous sale and your long-term possession. Your case to cancel the lease agreement and declare yourself the absolute owner appears strong. The continuous possession, the actions taken on the property, and the legal validity of the GPA all favour your position. However, it is advisable to consult with a property law expert to represent your interests effectively in court. Should you require any further clarification, please do not hesitate to contact us.
Property details are must else same is void
