Querist :
Anonymous
(Querist) 25 November 2009
This query is : Resolved
Hi,
I brought a property in Mumbai. As I am not in India hence I have given a Power of attorney in the name of father. I am not sure the exact content and the validity of this PoA.
However, now I am worried that due to the pressure from my brother my father would sale my flat and give the money to him.
Can some one help me in this matter? How do I ensure that such transaction cannot be happened? What are the possibility?
All the documents related to the property are in my name. The property also has a very minimal (4 lacs) of home loan on it.
thanks for the expert advice. Hoping to hear from the experts very soon.
prakash vathore
(Expert) 25 November 2009
sorry dear if ur father is power of attorney holder and if he has the right to deal and disposs of the flat by virtue of that poa then nobody stop him from selling ur flat. but u can do one thing u can revoke that power of attorney.
Guest
(Expert) 25 November 2009
The following are suggested :-
(1) Send a registered post letter to your father mentioning that with immediate effect you have revoked the GPA;
(2) Send an application through registered post to the Registering authority and instruct him not to register any further deed on the said property based on your GPA;
(3) Cancel the previous GPA by appointing a new agent (authorise him only to cancel the previous GPA). This new GPA can be executed by you at your present location and endorsed by Indian Embassy officials. The Agent has to present it before the registering authorities for registration.
(4) On completion of the above (or even now also), place an advertisement in the local newspapers (In English, Marathi & Hindi) stating that you have cancelled the GPA and if anyone is purchasing the property, it is their own risk etc., since youstating that you have authorised him for purchase of property and if
A V Vishal
(Expert) 25 November 2009
Rightly Suggested by Mr S Subramanian, follow his advise.
ESTHERPRIYA
(Expert) 25 November 2009
You can revoke the POA only if the POA has power to revoke by you and moreover the POA is not given for any consideration.
Raj Kumar Makkad
(Expert) 25 November 2009
Nothing remains to be added in the praiseworthy opinion of R. Siva.
Poonam Upadhyay pathak
(Expert) 25 November 2009
Right suggestion is given by Subramanian Sir.
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