G P A for property, Valied ?

Querist : Anonymous (Querist) 15 May 2010 This query is : Resolved
Dear Friends of the EXPERTS forum,

Kindly clarify me in a sale transaction / s:

Person 'A' obtains GPA from 'B' and sells 'B's property ,here he did not mentions the word ( in the document ),as a "GPA holder he is selling this property "! Will this be a lacuna in the sale transaction / s ? Can this be challenged in court of law for cancellation of sale deed/s ?

with regards.

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R.R. KRISHNAA (Expert) 15 May 2010
Failure to mention such a sentence will not affect the rights to transfer.

In such cases if the sale transaction has been done in accordance with the law the court will hold that sale as valid and the non mentioning of the sentence will not in any way render the document invalid.

A V Vishal (Expert) 15 May 2010
A GPA is invalid unless it is revoked by the Principal or upon death of the principal or the agent. In your query you have not clarified on these points. Facts of the case can decide whether any action for cancellation is sustainable or not.

A V Vishal (Expert) 15 May 2010
Also clarify whether the GPA is registered, since a Power to sell any immovable property must be registered mandatorily.

Uma parameswaran (Expert) 15 May 2010
It will not be a lacuna.

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