General power of attorney
Querist :
Anonymous
(Querist) 21 October 2023
This query is : Resolved
my father is agent my grand mother is principal
my grand mothger gave gpa to my father
now some part of land went to government authority for road development after 10 years
sold in 2013
government issue 2023
so that bought person came and asking us to give money
now principal died in 2013
what should ii do
Querist :
Anonymous
(Querist) 21 October 2023
PLS LET ME KNOW SIR THANK U
T. Kalaiselvan, Advocate
(Expert) 21 October 2023
If the property was acquired by government then the person who bought it should approach only the government body/authority seeking compensation.
As a matter of fact the property was sold by executing a registered sale deed in favor of the buyer.
The land acquisition act was a subsequent development for which the seller cannot be held liable to refund the sale consideration amount.
Your father should refuse to entertain any such claim, let him go to court where the court also will direct him to approach the government authority only for compensation
Advocate Bhartesh goyal
(Expert) 22 October 2023
Your father had sold the land 10 years ago prior to its acquisition by Govt so he can not be held liable for future development.
Querist :
Anonymous
(Querist) 22 October 2023
TAHNK U SIR FOR UR VALUABLE INFORMATIONNNN
kavksatyanarayana
(Expert) 22 October 2023
In which year did your grandmother give the GPA to your father? When did your father sell the land and at that time is your grandmother alive or not? During the lifetime of your grandmother, your father can sell the property and then it is valid. Otherwise after your grandmother, your father could not sell the property as the GPA stands automatically cancelled,
T. Kalaiselvan, Advocate
(Expert) 22 October 2023
If the person who had purchased the property then and demanding refund now from yor father, he may be informed to approach court with a recovery suit, where you can challenge the same properly.
One cannot remain at the service of the buyer even after decades of selling the property.
Dr. J C Vashista
(Expert) 23 October 2023
The land is stated to have been acquired 10 years after sale by your father (on the strength of PoA granted to his mother ie., your grand mother). The sale transaction has attained finality consequently your father (Vendor) cannot be asked to refund the sale consideration to purchaser (vendee).
However, it is better to show relevant records to a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding,
Querist :
Anonymous
(Querist) 23 October 2023
actually principal dead in 2013 after selling a property
kavksatyanarayana
(Expert) 23 October 2023
Then follow the advise of the above experts.
Querist :
Anonymous
(Querist) 23 October 2023
thank u for ur reply sir and thanks for ur time
Querist :
Anonymous
(Querist) 23 October 2023
recovery suit after 8 years he came will it be valid or there would be any limitation upon it thank u sir
T. Kalaiselvan, Advocate
(Expert) 23 October 2023
It is barred by limitation.
The buyer has remedy with the government only and not with the seller
P. Venu
(Expert) 30 October 2023
The query appears to be short of material facts.
What do you mean by "government issue 2023"?
When was the notifications for land acquisition issued?
Has the proceedings for acquisitions been completed? if so, when?
In terms of the award, who are the interested persons mentioned in the award?
