Gpa release deed

amreen manjiyani (Querist) 12 February 2012 This query is : Resolved
hello...i wanted to know whether a person in whose favour GPA is executed..can he execute release deed of the same property in favour of one of the co-owners withoutthe knowledge of the other ? if he cannot then pls tell wut can be done in this case?

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Raj Kumar Makkad (Expert) 12 February 2012
If permitted in GPA, such holder can definitely perform the execution of Release Deed on behalf of his Principle.

amreen manjiyani (Querist) 12 February 2012
if he has only been given the right to sell at the appropriate time and no such permission with regard to release deed is made..then what can be done by the co-owner who has been fraudulently released?

Sailesh Kumar Shah (Expert) 12 February 2012
File suit for cancellation of Release deed at the Civil Court.

Also, you can take criminal action.

prabhakar singh (Expert) 12 February 2012
A GPA can not act beyond powers conferred upon him.
If he creates third person rights going beyond powers conferred upon him he is liable and accountable to principal and his act can not bind principal and third party can not claim any right against principal.

M/s. Y-not legal services (Expert) 12 February 2012
your question is vague..

for example,
if A holding power of attorney mean., if he execute a release deed to B reg the same property mean., the release deed is useless.,

cos A only can do any encumbrance.

-tom-

M V Gupta (Expert) 12 February 2012
The release deed is unauthorized and not binding on the principal. The principal should act immediately to cancel the same.He should also consider revoking the POA as the agent appears to be irresponsible.

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