• Cancel GPA

I had given a GPA for a relative sometime back to buy a property in Karnataka State. The property was bought using this GPA around the same time in Karnataka State.

My relative says he doesn't have the copy of GPA with him any more and neither do I have a copy of GPA I had given him.

The relationship with this relative is not in good terms and I would like to cancel the GPA.

Could you please let me know how can I cancel this GPA with OR without his knowledge?
Asked 1 month ago in Property Law from United States
Religion: Hindu
1) is the GPA  registered? Kindly clarify

2) if so you can obtain certified  copy from sub registrar office 

3) you can revoke the POA by issue of notice to the agent 

4) issue public notice of revocation of POA 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. If the GPA was registered one it has be revoked by registered deed of cancellation.
2. So first take information of the registered GPA like its number , date of execution etc.
3.Those are necessary to revoke the registered GPA. If you do not jae then get its certified copy.
4.once revocation done, give a paper publication in that regard.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) on basis of GPA  executed by seller  property has been regsitered in your name by sale deed . 

2) you must have executed separate GPA in favour of relative 

3) POA is power of attorney . you can issue  notice to holder of GPA even if GPA is not regsitered 

4) publc notice  refer s to publication in local newspapers . it is necessary to issue publc notice so that any third party does not deal with holder of power of attorney 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
n case the Power of Attorney is registered, the revocation can be brought about only by a registered deed of revocation, the reason being that any registered document can be cancelled or revoked only by executing a registered instrument.

2)  In case the Power of Attorney is unregistered, revocation of the same can be done only by an unregistered deed  of revocation, in which case the Principal can take back the Power of Attorney from the agent through an unregistered instrument of revocation. Apart from an unregistered instrument of revocation, it is also necessary that the fact of revocation has to be published in the local newspapers clearly mentioning the fact of revocation of the said Power of Attorney which operates as notice to the public.

3) If the party who revokes the Power of Attorney fails to issue notice to the other party then any damage that may subsequently be caused on account of this will have to be made good by the person who failed to give notice
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. Was the GPA limited to this one transaction? The GPA had to be mandatorily registered, failing which the title of the property could not have been conveyed to you. So if it iss unregisteeed then your title to the property that had been purvhased by GPA holder for and on your behalf is itself defective.

2. If, however, it is registered then a certified copy thereof can be obtained from the office of sub-registrar.

3. You can cancel the GPA through a deed of cancellation which shoud be registered. 
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
Hi 
1) General power of attorney can either be registered or unregistered.  If you have visited the sub-registrar office / Indian embassy and signed the Power of attorney in front of Sub-Registrar/Consular official, it is likely that the General power of attorney is registered.
2) Only Registered General power of attorney is accepted for property transactions.
3) Hence it is highly likely that the General power of attorney that was given by you is registered.
4) Yes. You can trace your General power of attorney through the sale deed. The sub-registrar office might have the copy of the GPA or at least the sale deed can be a starting point to trace the GPA. 
5) You can also avail the services of a lawyer who can help you trace your General power of attorney and get you the copy of the same for your records.
6) Power of attorney holder is the person to whom you have issued the GPA. 
7) You can issue a cancellation notice to the Power of attorney holder without GPA Details also.  The cancellation notice has to be sent through Registered Post with Acknowledgement due.
8) Public notice means notification in news paper.  By issuing public notice, you are intimating the public that you have cancelled the General power of attorney given by you.  Any transaction undertaken by the Power of attorney holder  subsequent to news paper publication are deemed to be Null and Void.
Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1. Send him a letter/notice  stating that you hereby cancel the GPA you have executed in his favour forthwith.

2. Publish the fact of the said cancellation of GPA in two local news paper, one being in Vernacular notifying the public in general about the said cancellation.

3. You shall have to notify him about the said cancellation. So, it can not be without his knowledge.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1.  You shall have to remember or find out whether the saud GPA executed by you was registered or not. You can get this information from  the sale deed which he had registered based on the said GPA of yours.Previously. sale deeds used to be registered based on unregistered GPA also.

2. You can get it from  the sale deed which he had registered based on the said GPA of yours. If you do not remember anything about the said GPA or fail to get a copy of it, even then you can cancel it by grossly mentioning that you are hereby cancelling the GPA you had executed in his favour. If the said GPA was found to be registered, you shall have to register a cancellation deed for cancelling the said GPA.

3. POA means Power of Attorney. It is the same as GPA. If it is an unregistered GPA, you can send a cancellation letter to him. If it is a registered GPA, then you shall have to register a cancellation deed to cancel the said registered GPA.

4. You are required to publish the notice in two local News papers one being in Vernacular. This publication is for informing the general public.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The relationship with this relative is not in good terms and I would like to cancel the GPA.
Could you please let me know how can I cancel this GPA with OR without his knowledge?

If this GPA was registered document you can get a certified copy of the same from the registrar's office.
You should issue a notice to the power agent stating that you have cancelled the GPA issued to him with immediate forthwith and any act done thereafter by him shall not be your responsibility and you are not liable for any consequences thereon. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. I do not know if the GPA is registered, but I know the GPA is used to register a property in my name using that GPA. Does it mean the GPA is registered since the property was bought using the GPA?

Without the details of GPA you cannot even issue notice to cancel it, so trace them.




2. Can I go the same sub registrar where the property was bought to get the copy of the GPA if the GPA has to be registered to buy a property on my behalf? How can i get a copy if I do not have any info like its number or the date of execution?

Yes you can see from your property documents the details of GPA endorsed in it while purchasing the property.







3. What is POA? Is he the GPA holder? How can I issue notice to the GPA holder? Can this be done only if I have a copy of registered GPA from the sub registrar?

POA and GPA is one and the same.





4. Is this public notice means a notification in any of the newspaper? Is it necessary to give this in newspaper if I can give the notice to GPA holder of the cancellation of the GPA? Thanks.


Yes it is a publication in the local newspaper.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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