• Will court order demolition of house or compensation?

In 1973 Person A has give GPA  to Person B.A has died in 2003 and GPA holder  sold the open plot to person C.Person C sold to D.Person D sold to E and E has constructed a house in plot with permission of Mucipality and living in it.In 2011 legal heirs of Person A came into picture and filed a suit in LGC court(AP Land grabbing crt)(A-A1,B-A2,C-A3,D-A4,E-A5).Now the AP- LGC Court is removed and cases are transfered to civil court by tnewly formed telangana govt. Person E pleaded ignorance before court of law.What will be the judgement..? will court order for compensation(Govt valuation price) of plot to Petitioner(Legal heirs of Person A) or demolition of building and handover to Legal Heairs of the Person A.Please advice
Asked 5 months ago in Civil Law from Hyderabad, Telangana
1)on demise of A  GPA  in favour of B has come to an end 

2) court may direct compensation to be paid to legal heirs 

3) E is bonafide purchaser of value and had no role in fraud committed by B
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
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I cannot tell you what the judgment will be. The GPA ceases to be valid after the demise of the principal. The legal heirs of A can file he suit for cancellation of the sale deed executed after the demise of of A. 
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
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If the GPA agent had sold the property after the demise of the principal then the sale is not valid i the eyes of law.

The legal heirs of deceased A can very well file a suit to declare all the sale transactions in respect of the properties sold as null and void and can claim possession.

However if the sale was executed by B during the lifetime of A then it will be considered as valid and the legal heirs have no rights in the property which has been sold by the title holder through his agent. 

Thus without knowing what case has been filed or the background of the case it will be  difficult to render any opinion to this.  

You may discuss with your own lawyer or revert with details especially on the lines mentioned above.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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1) GPA ceases on death of A unless it is coupled with conioderation . You have not mentioned whether B Pai any money to A for execution of POA 

2) B could not have sold property to C 

3) further sales could not have been effected by the purchasers 

4) title of E is not clear and marketable 

5) it is better compromise be arrived at with legal heirs of A 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
From your contents it can be understood that the power agent sold the property after the death of the principal, which is not valid in law. 

Whether an irrevocable power of attorney was executed by the principal in favor of the agent for valuable consideration or for securing the interest of the POA agent in the subject matter property, becomes invalid after the death of the principal.

It was your mistake that you did not obtain proper legal opinion from an experience and skilled lawyer at the time of purchase.

The legal heirs certainly can claim their father's property on the above grounds.

You may try for some amicable settlement by coordinating with your vendor.

Demolition or auction will be the decision of court as an outcome of the case when it has been fought properly by both sides.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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Listen we are not astrologers that we can tell you what the judgment will be. The Power of Attorney holder is only an agent and once the Principal dies then along with the death the agent's power also ends. So the sale by B after the demise of A and subsequent sales are all illegal. The heirs of A can file a suit for declaration of the sale deed by B as illegal and also all the subsequent sale deeds.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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