Cancellation of Power of Attorney

If it is regd., then only you will get the certified copy of the GPA otherwise No chance.  If D wants to purchase the property  let him make paper publication calling for any bodies objections to purchase the property.

GPA is registered in Book IV and so it is not reflected in the Encumbrance Certificates issued by the Sub-Registrar. As suggested by Mr. Rajeev, you give paper publication for the purchase of property and then purchase it.

Dear Viswanth,

General Power of attorney, recored in Book No. III of the records kept in the office of Registrar, where it is registered. It can be ascertain whether it is cancelled or not by conducting manul search in the office of Registrar. Because when some body executed power of attorney in favour of some one then indenturere registered in the office of Regsitrar, similarly when it cancelled then again cancellation of power of attorney also registered.

In your case Mr. 'D' wants to ascertain whether derivation of ownership over Mr. ' c' is perfect or not. It can be very well ascertained by conducting manul search of Book No. III in the office of Registrar.

One thing i would like to point out, that Mr. 'D' should not only ascertain the enforciability of the GAP at the time of execution of sale deed in favour of 'C' by 'A' through its attorney holder Mr. 'B', but also ascertain that at the time execution of sale deed whether Mr.  'A' were alive or not. Beacuse POA looses its legal relevance as  the person, who executed POA passed away.

I do agree with the suggestion of Mr. Rajoo that Mr. D should proclaim about the property, that whether anybody has right/interest/lien subsist with that.     

Dear Viswanth and All.

Due to slip make it correct that POA registered in Book No. IV not not in Book No. III. Plz read my opinion in accordance. Regsitrartion of WILL took place in Book No. III.

Inconvience regreted.  

At the time of the execution of the Sale Deed, the Principal was very much alive.

The question is,

1.How to establish the power was in force  at the time of the execution of the Sale Deed?

2. How to conduct the manul search of the records of the Registrars office as suggested by Mr. Dixit?

1) Contact the Principal and ask him. 

2) Approach the Registrar's office, pay the search fees and see the relevant volumes.

u got a certified copy of GPA from registrar office and thereafter u see the document of sale deed whos make between B and C and in this document metion clearly that the B has GPA of A, and this GPA registered before registrar office by registration No. ________  . So it is clear the sale deed and u collect original GPA from last purchaser.

1. GPA is entered in Book-IV of SRO
2. Normally, the executant or the claimant of the GPA only can apply for certified copy of the GPA.
3. However, after relaxation, the present owner of the property can apply for and get the copy of the same. For which he has to attach the copy of sale deed by which he purchased the property.
4. But now-a-days, Book-IV entries also reflected in the EC
5. Search in the SRO by the party or by the SR may not fetch the fruit, bcoz the GPA might have been registered in any of the SRO and the cancellation also anywhere in India.
6. In light of the above, the possible ways are

• Confirming with the Principa
• Publication as advocated earlier by other members