General Power of Attorney

No. For sale or purchase of any property there should be a Specific Power of Attorney issued infavour of the Attorney by the Executor for such specific purpose; say for the purpose of executing a sale deed.

Hi Raji Renji,

I have gone through the GPA document and it states that the Attorney has all the powers to sell the land and sign the sale deed on behalf of the absolute owner.

Is this okay to buy the land. But my only concern is that the GPA was signed on somewhere in Apr-1995. Is the GPA still valid. The absolute owner of the land was 61 years old then.

Pls. advice.

Thanks,

Visu

Please check the validity period of the GPA. What it says? any revocation clause is mentioned there? These clauses need to be checked. 

The Principal in this case must be around 75 year of Age. Please read case law below:

In circumstances, when the principal has become old, weak, mentally infirm/incapable, and not in a position to have independent disposition and thinking power, continuing to act on such power of attorney will be unethical & immoral on the part of the agent and would amount to fraud, cheating, misappropriation & criminal breach of trust. It would cease to have validity in law. [Mahendra Pratap Singh & Anr. v. Smt. Padam Kumari Devi, A.I.R. 1993 All. 143].

Hi Raji Reji,

Thanks for your reply. I have checked the GPA document and the clause mentioned is the Attorney can sell the land and sign the sale deeds on behalf of the absolute owner. Attorney can sell the land as a whole or part. The Attorney has made a layout out of the land of  absolute owner. He is selling the plots made in the layout.

Thanks & Regards,

Visu

Hi Anup,

Thanks for your mail. Its is really helpful.

Thanks & Regards,

Visu

The decision might be right on the circumstances of that case. As per law, there is no time limit for the Power, unless it is revoked, by the principal, by giving a public noticce or a notice to the agent. As long as there is a POA, the agent can always act on the same and conduct transactions.

The decision in 1993.All. 143 arises under different circumstances and finding was given accordingly

Thanks for your reply. The GPA is registered and valid till now.

thanks to all my frinds!