If a GPA and will is registered in 2004 along with notary agreement to sell , showing receipt of sale consideration for property , possession letter ,receipt for sale consideration with affidavit that all above are binding forever and irrevocable but in 2013 seller revokes GPA and will unilaterally and illegally in view of Sec 202 of contract act and also decided judgments on this issue that such cancellation is of no value in the eyes of law. My query is can GPA holder who came to know this fact of cancellation in a suit for injunction against the seller can execute a valid sale deed in favor of her husband to overcome the title defect i.e. Unregistered agreement to sell and that husband can be I pleaded in suit being having registered sale deed now
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1) you are absolutely correct that irrevocable POA cannot be cancelled as full consideration received
2) you will have to move court to challenge cancellation of registered POA
3) if seller has revoked GPA in 2013 what were you doing for 3 years .
4) after revocation pf GPA your husband cannot execute sale deed in your favour
Sir Thanks for your reply If GPA can not be cancelled as per law and judgements say that such cancellation has no value in eyes of law than why GPA holder can not execute a valid sale deed without approaching court ?? We came to know fact of cancellation in injunction suit against him in 2014 and already had filed suit amendment application seeking declaration for null and void.but we want to execute sale deed so that unregistered agreement to sell do not transfer title and the same is liable to be impounded and penalty of ten times.moreover during pendency of suit he has dispossessed us for cell , so once sale deed is there I can file application for impleadment and can claim rights as classical registered owner of both as owner and possession as ownership follows possession . please give a deep thought as I had done too much home work and than came to this line of action. Regards KAMAL JAIN
1)while construing the document one cannot just go by the title to the document or the nomenclature, but, Court owes a duty to see the substance of the document.
2) When the Court is called upon to interpret the document, it looks at its language. If the language is clear and unambiguous and applies to actual existing facts, it shall accept the ordinary meaning.
3) duty of the Court is not to delve deep into the intricacies of the human mind to ascertain one's undisclosed intention, but only to take the meaning of the words used by him, that is to say his expressed intentions.
4) in your case unilateral cancellation of power of attorney has been done
5) you have to challenge cancellation of POA on grounds that it is irrevocable and coupled with interest
6) if court is satisfied that POA is irrevocable it would declare cancellation of POA illegal
7) once POA is revoked the holder of POA cannot execute conveyance deed and convey title on behalf of the grantor."
Set hi Ji I am not agreeing with your point no 7 as when we had already seek through suit amendment from court to declare cancellation of GPA as null and void , the consequence I feel automatically will be that sale deed became valid in terms of order though that was valid even before as I feel no act against law is valid.moreover in impeadment I will seek declaration as to ownership on the streght of sale deed and court is bound to declare GPA valid as all wt u said in point no 2 is absolutely in my favor. Regds CA KAMAL JAIN , LL.B
1) the issue is can conveyance deed be executed by you as holder of POA in favour of third party when POA has been rightly or wrongly revoked by the grantor
2) you have in suit sought orders declaring cancellation of GPA as null and void . you should wait for court orders
3) in my view you should not execute sale deed in favour of third party at present .
4) it is your call