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ASOK KUMAR (Assistant Director)     16 May 2010

Cancellation of GPA by one Co-sharer

Joint Hindu Family has 5 co-sharers ( two brother and three sisters), they jointly given general pwer of attroney to one person. Agent executes sale agreement with a person. On knowing this one co-sharer cancelled the general power of attroney and informed the agent in writing. Even after knowing this power cancellation by one co-sharer agent sold the property. Please tell

1. Legal fate of this sale deed and share of the co-sharer who cancelled the GPA.

2. Is it  true that the compelte GPA stands cancelled when one co-sharer cancelled the GPA, as the prperty is undivided joint hindu family dwelling house? 

 

S.Asok Kumar


 



Learning

 6 Replies

Darshan Panchal (Advocate)     16 May 2010

First it is to be determined whether public notice of Cancellation of GPA was published in local newspaper or not?..and who was the Karta and Manager of HUF? whether the co-sharer who cancelled GPA acted as a karta of HUF?..GPA executed by co-shares can not be cancelled by one of them as it was in respect of joint family property unless he was acting as karta and manager of HUF as stated above. Despite cancellation if the person has gone ahead with sale deed, u can approach the court for declaring the sale deed void. Also, it is to be determined whether cancellation came prior in time to sale deed?.

jayaselan j k (all in all advocate)     16 May 2010

hi

as per the version submitted by u sir, in the point of view of the purchaser, will be a bonafide purchaser for value and in the point of view as a principal the matter has to be decided only through court of law by which only the purchaser can be put to hardship. but the purchaser has the chance of legal validity of sale based upon circumstnces and facts  of execution.

niranjan (civil practice)     16 May 2010

As the property is dwelling house and if one cosharer  cancelled the power before sale deed was executed,it will be difficult for purchaser to get the possession as the property cannot be partitioned.in this case the agent has acted negligently.

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2010

Only intimation to the agent regarding cancellation of PA is not sufficient.  Public notice in the local news paper is necessary.  Is there any document to show that information was given to the PA holder regarding the cancellation of PA by one of the coparceners.

The purchased will be the bonafide purchaser.

Without the valid document to show that PA was cancelled by the one of the co parcener, he cannot defend.

Anil Agrawal (Retired)     26 May 2010

Was the property purchased in the name of the HUF by the Karta?

Kumar (Lawyer)     13 September 2010

Yes the GPA cancelled before execution of Sale Deed


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