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Ravikumar N   16 November 2017

Sale deed done without cancelling gpa

Sir,

Initially GPA Deed is made between Principal and Agent. After few days Sale deed is also made between the same Principal and the same Agent without cancelling the GPA.

Then the property has been sold by the Agent to other third person. Now when third person approached some bank for loan, they have asked the legal opinion and asked the third party to get the GPA cancelled from the above said Principal.

Please clarify is it mandatory to cancel the GPA? Because sale deed is made between Principal and agent themselves.

Bank says two documents should not be there for one property viz GPA and sale deed.

Please advise what the third person (who has purchased the property) should do now. And whose responsibilty is now to get the GPA cancelled.

Thanking you

Ravikumar

 

 

 



Learning

 2 Replies

R. Jayakumar (ADVOCATE)     16 November 2017

Need to cancell the GPA before executing the Sale Deed by Principal,  in your case while  GPA is in force condition sale deed was executed so that the Bank Lawyer required to cancell the GPA approch the Principal to cancell the GPA

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 November 2017

GPA means General Power Attorney. It can used not only for the sale of a particular property but for other purposes also. For instance if the Principal had another property the GPA can be used for the sale of the other property. Hence a GPA need not be cancelled just because one transaction has taken place. Once the sale of a property is complete, the Principal or his GPA holder have no hold on the property already sold.


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