power of attorney
Querist :
Anonymous
(Querist) 15 November 2009
This query is : Resolved
sir,
my father gave AGPA for his friend for 400 sq.yards plot.my father passed away recently,we want to know who is the real owner of that property.how we can claim that property
adv. rajeev ( rajoo )
(Expert) 16 November 2009
After the death of your father, GPA executed by him in favour of his frnd will have no value.
First it is to be looked in to for what purpose PA was exeucted.
During the life time if GPA holder had sold the property u cannot claim any right over that property because any act done by PA holder binds on the exeuctant.
If the property is ancestral property then the sale made by the PA holder is binding on your share because ur father were entittle sell his share only. If it is like so then file suit for partition taking a contention that sale is not binding on you.
If no act is done by PA holder regarding the properties then being a legal heir ur entittle for ur share in the property
adv. rajeev ( rajoo )
(Expert) 16 November 2009
No ownership will get by the PA holder on basis of the GPA exeucted by your deceased father.
Being a legal heir you and your mother and sisters and ur brothers are the legal owners of the property.
G V S Jagannadha Rao
(Expert) 16 November 2009
My clarifications:
1. If the property is ancestral property then the sale made by the PA holder is NOT binding on your share because ur father can sell only his share and not yours. If your share is also sold, then you can challenge the sale by filing a suit for recovery of possession of your share, on the ground that sale is not binding on you.
2. Please obtain an encumbrance certificate in the office of Registrar of Assurances. This will clarify whether the GPA sold the property or not. If it is sold, you will also get to know the name and address of the buyer, by obtaining a certified copy of the sale deed from the same office.
Querist :
Anonymous
(Querist) 16 November 2009
thank you,but that is AGPA (agreement of sale cum gpa)
niranjan
(Expert) 16 November 2009
The gpa holder will file suit against you for specific performance.The gpa is extinguished,but agreement remains.
G V S Jagannadha Rao
(Expert) 16 November 2009
If it is AGPA and if your father has received consideration, why are you anxious to claim the property?
If you want to know the owner for information, obtain EC.
If sale transaction did not take place, what Mr. Niranjan says is right.
Raj Kumar Makkad
(Expert) 16 November 2009
In such case GPA shall be treated as cancelled but the agreement shall still be alive and its execution shall be the next matter. It shall be better if you go through the terms and conditions of the agreement executed and interprate all those accurately. No deed of sale has been executed.
