GPA

Partha Chattopadhyay (Querist) 24 March 2018 This query is : Resolved
GPA was given for the entire property by three of the five legal heirs. Where to seek the remedy against this defective instrument ? Should it be addressed to the office of the registrar (where this GPA was registered) with full details of infirmities for setting it aside before approaching the judiciary?

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Guest (Expert) 24 March 2018
In what way you are concerned with the defective GPA and what defects you could notice in the GPA?

Partha Chattopadhyay (Querist) 24 March 2018
The defect is that out of five heirs, three of them cannot give the power for the entire property. Their entitlement is to the extent of their collective share i.e. 60%. Concerned because this defective instrument can be misused to usurp other two heirs.

Dr J C Vashista (Expert) 25 March 2018
How are you concerned? What defect did you notice? What did the 3 principals expect from their attorney wherein remaining 2 do not want to appoint him/her as sole attorney?

Prima facie it is a false and fabricated story, however, if there is some truth consult a local prudent lawyer for better appreciation of facts, proper guidance and proceeding.

Guest (Expert) 25 March 2018
Even on asking by the experts, you have not made any mention of your personal concern with the problem. Apparently, your query does not seem to be related to any of your personal problem. That can only be a hypothetical academic query.

However, if any of the executor of the POA has any objection, he may better consult some local lawyer and discuss his problem in detail to take some legal action.

Guest (Expert) 25 March 2018
The GPA gives the Rights of Undivided Share of 3/5 th of Property and legally it can not be objected.

Guest (Expert) 25 March 2018
How could you brand it as defective insrtument.

Guest (Expert) 25 March 2018
The GPA holder has the Right to sell the 3/5 th of the Undivided Property to any one who is ready to Buy.. The GPA Holder or his Buyer could file a Partition Suit also.. Discuss and confirm with your Advocate.

Guest (Expert) 25 March 2018
The Registrar has no powers to cancel that GPA and legally the Court would also agree that GPA Is legally Valid.

Guest (Expert) 25 March 2018
Discuss and confirm with your Advocate for your satisfaction

Advocate Bhartesh goyal (Expert) 25 March 2018
Issue registered legal notice to holders of GPA and cancel/revoke GPA with immediate effect.

Guest (Expert) 25 March 2018
GPA is Valid to the effect of Rights of the executors and if at all any notice to be given it could state only the limitations of powers to the limitations of rights of the executors only. But No Doubt the GPA is Valid. Unless and until the Legal Partition is done the GPA could be done stating the entire property only.

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