Revocatio or cancellation of gpa cum development agreement

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
Hi, Respected experts,There are many satisfying and perfect answers given by you experts with regard to the cancellation/revocation of registered GPA but what if the GPA is mixed or coupled with another transaction or agreement like AGPA (Agreement of sale cum GPA), DAGPA (Development cum GPA) in respect of an immovable property? Please clarify what if there is no consideration involved and what if some consideration passed from the agent to the principal as mentioned in the Deed. Of course notice of revocation/cancellation is already given/served upon the agent about 8 months back and there is no reply from him- Thanks.

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Devajyoti Barman (Expert) 14 December 2011
If the interest of agent is involved in the agency for which the POA is executed, the principal can not revoke the POA at his sweet will.

Raj Kumar Makkad (Expert) 14 December 2011
There is no need to seek the reply of agent if Principal has sent him intimation of revocation of GPA. Hon'ble Supreme Court has recently given a verdict keeping in view the real problem of those GPA holders (say buyers)who have interest in the property and later on Principal (say seller)revoke the GPA. it has been held that GPA do not give right in favour of its holder and no transfer can take place by way of GPA.

prabhakar singh (Expert) 14 December 2011
I agree with Makkad

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