Query
Shridharan
(Querist) 25 February 2015
This query is : Resolved
R bought a property from P through a registered sale deed. Later R came to know that P has registered an Agreement of Sale cum General Power of Attorney (AGPA) in favor of Q dated prior to the sale deed in favor of R.
Query: 1. Does this AGPA qualify as a conveyance deed?
2. What is the status of R with regard to the ownership of the property?
Consider R as Shridharan, Then, no more academic query.
Guest
(Expert) 25 February 2015
Academic query.
When neither you are R, nor P, nor Q, so how S (yourself, i.e., Shridharan) is concerned with the problem?
ajay sethi
(Expert) 25 February 2015
academic query
Anirudh
(Expert) 25 February 2015
When the property is registered through a sale deed in your name by paying appropriate stamp duty before the Sub-Registrar's office, to some extent you are safe.
2. The Agreement to sell with GPA has no validity in the eyes of law. It is not at all a conveyance deed. In any case, it is not equivalent to a registered conveyance deed.
3. Having said point 2 above, the buyer according to the Agreement to Sell can take the Seller to task. If the buyer in the Agreement to Sell succeeds, then he will be entitled to damages from the seller.
4. There may also be occasion, when your sale deed can be cancelled by the Court, as the seller could not have sold the property to you when he had already entered into an agreement to sell and if it is found that was binding on him. If that happens, then you will get your money back, with damages etc.
5. In any case, as and when any thing happens, you have to consult a good lawyer in your locality very well versed in property matters and take steps to protect your interests.
R.K Nanda
(Expert) 25 February 2015
academic query.
Shridharan
(Querist) 26 February 2015
Consider R as Shridharan. Then no more academic.
Not resolved.
Shridharan
(Querist) 26 February 2015
Open, Not resolved.
Guest
(Expert) 26 February 2015
Even by considering R as Shridharan, the nature of query does not change from an avademic query to a real personal problem, as you have not stated what type of problem you face. By merely asking questions, "Does this AGPA qualify as a conveyance deed" OR "What is the status of R with regard to the ownership of the property," cannot represent the real problem, if any, faced by Shridharan alias R.
Shridharan
(Querist) 27 February 2015
The queries are pointed and clear and as such meaningful responses should be possible.
Let me elaborate with a true story. In a western country, there used to be an informal society of medical experts, who met periodically to discuss "medical murders", meaning cases where doctors failed to correctly diagnose & treat the patients, resulting in death. On one such meeting a doctor presented his case. After some deliberations, the doctor realized the problem and the correct course of treatment that should have been given. The doctor rushed out of the room shouting "Let me go & save my patient."
Guest
(Expert) 27 February 2015
Dear Shridharan,
Your example reveals as if you are a doctor by profession. But your example is misfit in your problem case here. If you think I should also prescribe medicine (solution) to you merely on symptoms described by you, for which several other factors are necessary to be examined from legal point of view, you are quite mistaken. That I do not prefer to do on such a case, which appears to me just a student's school exercise question.
So far as your aforesaid story of medical murders is there, you very well know that in present days doctors prescribe medicines merely on seeing symptoms shown on clinical test report that too shown by mere tests drawn by electronic processes or so, irrespective of whether that would have appeared on account of side effects of some other medication for some other ailments. I have some examples for you to think over. One of my close acquaintenance was getting regular treatment from one specialist. One day to his surprise he was declared to be a patient of blood cancer, as on three consecutive clinical tests his test results showed aggravated symptoms each time. Just as I had my own personal experiences about myself and my relatives, I suggested him to get himself checked up at different labs and one or two different doctors also and some experienced Ayurveda Vaidya also by describing detailed background history of his case. Within two weeks of his treatment by merely a desi hakeem (vaidya), he got all right with no symptom of blodd cancer. Now for the last more than 20 years he is enjoying healthy happy life.
Similarly, my own relative was treated by specialists for some different ailment giving one high potency injection every day for 90 days and when he reached almost to death bed his family members got suspicious of wrong treatment, then the same batch of specialists declared that he was suffering with TB, so started treatment for TB. Again that treatment was wrong. So, when his condition deteriorated from worse to worst, he was declared to have cancer and on treatment of which only he has started recovering steadily.
Same thing happened with me also. About five decades back when a doctor failed in his treatment for more than 2 weeks my constant pain in my abdomen, he declared me having apendicitis and advised me to go for operation to get appendix removed. But a small time desi vaidya adjudged that as an ailment of gastro enrteritis and made me quite fit within 3 days of his treatment. Again about 9 years back I got bed ridden and was not able to stand even for 5 minutes with legs trembling due to wrong treatment of one reputed hospital. The doctors could not detect my real disease even after whole body check ups. Thereafter on referral from some local doctor, I had to go to some specialised institution under DRDO and could get recovery on proper treatment. Even a few months back, where an MD qualified doctor declared me having diabetes of high level and my family was made upset on hearing that. I had to assure them that I was not having any bit of diabetes and that could be symptomatic. When another doctor got some detailed examination of my health, he prescribed calciam with strong dose of Vitamine D. Within 7 to 10 days my blood sugar leval appeared to be normal.
Anyhow, instances of medical system and legal sytem cannot be equated in anyway.
AS AGAINST THE PRACTICE OF SEVERAL MEDICAL PROFESSIONALS, I DON'T PREFER TO ADVISE ANYONE MERELY ON HIS OWN CONCEIVED AND DESCRIBED SYMPTOMS WITHOUT SATISFYING MYSELF TO BE A GENUINE PROBLEM.
I don't have any doubt about your story on medical murders and a doctor realising his mistake after discussion in a meeting, but description of the problem in your query also denotes merely visible general symptom and does not appear to be a real problem having no proper background history. So, for me, yours is just a general academic query, as if you intend get some general knowledge for such type of problems. That is why refrained from expressing my opinion on hypothetical academic query.
SO, MEANINGFUL RESPONSE CAN ONLY BE POSSIBLE WHEN CASE HISTORY IS MEANINGFUL. OTHERWISE ANY RESPONSE BECOMES MEANINGLESS ON LEGAL ANGLE, IF REAL PROBLEM IS NOT DISCUSSED TO THE POINT.
malipeddi jaggarao
(Expert) 27 February 2015
Unless the terms of AGPA are looked into, any answer will not serve purpose.
Shridharan
(Querist) 27 February 2015
Main details on AGPA executed sometime in 2008:
"Whereas the vendor has agreed and offered to sell the property described in the schedule of property to the vendee for a valuable sale consideration. And the vendee has paid the entire consideration to the vendor, the receipt of which the vendor admits."
"The vendor authorizes the said attorney (the vendee) to execute sale deed and to admit and receive sale consideration and to do any act to complete registration of the sale deed in respect of the property and the vendor declares that all acts, deeds executed by the the attorney shall be valid and binding on the vendor and the vendor shall ratify and confirm for all times hereafter."
Guest
(Expert) 27 February 2015
If the vendee has already received the sale proceeds of the property and signs agreement and GPA in favour of Q, his subsequent sale deed to R can be challenged for treatment as invalid, besides P being liable to be prosecuted for cheating and playing fraud with Q & R both.
Mr. Shridharan, now probably you can realise that your initial query could get various conflicting views on your academic query, as AGPA usually becomes non-existence when sale deed is executed by the real owner of the property. But, here since he has already realised the price of the property from the GPA holder, which fact was not revealed by you earlier, the value of the AGPA cannot be ignored at all. The AGPA holder was entitled to get sale deed registered in his own name in lieu of his payment for the value of the property or even to sell to someone else.
T. Kalaiselvan, Advocate
(Expert) 28 February 2015
Until the sale agreement cum GPA made in favor of the vendee by the vendor is not cancelled/revoked, the sale deed executed in favor R is under cloud and when challenged in court, it can be declared invalid/illegal by a decree, so now you understand the status of R yourself.
