Sale deed
d s bisht
(Querist) 12 July 2012
This query is : Resolved
Sir,
I have purchased a UPHDB flat in Ghaziabad in 1999 thru General power of Attorney (registered), Agreement to sale and Will. In 2002, a sale deed was executed between UPHDB and the allotee (principal), which was signed by me(agent)on the basis on GPA.
Now, after SC ruling in October 2011, I want to execute a sale deed in my favour (agent). Original allottee of the flat is ready to sign the sale deed. Can he (allottee/principal)sign the sale deed without cancellation of GPA? If yes, Can I show the transactions of payment made in the year 1999? Pl adv.
ashutosh mishra
(Expert) 12 July 2012
If he has conferred a GPA in your favor that does not mean he can not act on his own.He still has power to do all that he has authorized to be done by you.Then when he is ready to sign ,in my opinion it would better
that instead of execution of sale deed as his agent in your own favor as purchaser and getting it signed by him as witness CHOSE to get a sale deed executed by him in your favor as purchaser incorporating all facts of past including consideration paid.
Better visit chamber of a property lawyer and get the things done legally with best options. Although you can execute a sale deed as his POA in your favor as purchaser.