Can a registered GPA holder sell a property
Could you please clarify with below points.
1) Seller have 9 children, out of 5 are sons and 4 are daughters. The property is from seller's father-in-law and partition deed executed on 2010. The entire layout is registered in the name of seller and her 5 sons, completely excluding all her daughters. The property they are going to sell is a plot which is part of the layout.
2) All seller children (all 9 children, including 5 sons and 4 daughters) gave GPA, registered in sub-register office, to their mother (in this case seller) to execute the sale deed on behalf of them. In GPA it is mentioned that seller have right to sell any part of the layout (without mentioning any specific plot number) . And it was executed on 2016.
1) Is there any right to seller's daughter in the property as it is from their forefather and it was executed in 2010? Will seller's daughters by birth get the right on the property according to Hindu Succession (Amendment) Act, 2005 , even though none of the seller's daughters were mentioned in partition deed. But daughters were witness to this partition deed.
2) Can a registered GPA holder sell a property? As I was seeing in one of the site they mentioning selling property through GPA is not valid. this is what I saw in one of the website.
"No. Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on owner's behalf. Even the latest judgement by the Supreme court of India categorically invalidates the sale of a property through GPA. A GPA holder only has the authority to carry out tasks assigned by the owner excluding selling of property."
Is sale deed executed by GPA holder is not valid?
3) Since none of the daughter were mentioned in partition deed but they gave their consent in registered GPA to sell any part of the plot. will there any room later in time for daughters to claim their right on the property?