Property trasfered via notary gpa
Dharshan
(Querist) 22 June 2023
This query is : Resolved
hello expert
1. Brother gave a notary GPA to sister.
2. Sister with notary GPA sold a property to 3rd party via registered sale deed (brother did not know the transaction)
Is notary GPA vaild to sale or register the property.
3. after 23 years brother transferred the property to sister via gift deed.
4. now sister in possession of property and paid all katha,tax and plan.
note : 3rd party not in possession and does not hav katha
who can hold the TITLE now - pl advice
kavksatyanarayana
(Expert) 22 June 2023
It is the responsibility of the sister to inform her brother about the sale deed. Whether knowing or unknowing the brother gifted the same property to his sister after a long time. So the gift deed for already sold property is not valid. If possession to the 3rd party is not given, he may approach the court against the said brother.
K Rajasekharan
(Expert) 22 June 2023
Title of brother’s property will not pass on to the third party, when the sister signed a sale deed to the third party. This is because the power of attorney is not specific and it is not registered.
If the sister had the registered, special power of attorney, the transfer would have been legally valid.
A person cannot sell a property which he does not own, and no title will pass on to another person, in such an illegal transfer.
T. Kalaiselvan, Advocate
(Expert) 24 June 2023
The sale of property by an unregistered power of attorney deed is not valid.
The person who purchased the same cannot claim clear and marketable title to it because the person sold do not have any title or authority to sell the property.
