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Avinash (Propreitor)     17 May 2013

General power of attorney

 

Dear Sir/Madam,

How to cancel an Unregistered GPA executed by 5 brothers and no interest was made, which is there ancestral property. The GPA was executed in the year 1990 and I do not know the exact date. I know the GPA holder, his adress and land details. Out of five brothers two brothers expired in the year 1991, the third one in 2002 and the other two are alive. The land was sold to many people through another GPA and some through sale deed (30*40 sites), in which many sites are still unsold.



Learning

 5 Replies

LegalArrow ( Advocate Bangalore)     18 May 2013

if principal(power of attorney giver) is dead, then automatically the power of attorney cancells itself. if princiapl is alive then get a notice drafted by a advocate stating that the power so given in the past is now revoked and stands cancelled, also ask for the return of all documents/moeny in custody of holder, if the same has been given to him at the time of executing GPA. then serve the notice on the holder and get acknowledgement. this must be enough.

Advocate Ravinder (Advocate/Attorney)     19 May 2013

Since the property involved in the GPA is immovable, the registration of the GPA is must.  The stamp duty varies from state to state.  In A.P. it is 6% on the market value.  Since the GPA is unregistered it is invalid.  Apart from that out of 5 brothers three of them died, then automatically the GPA will become void. 

 

I still need some more information.  As this is ancestral property, what extent was given for GPA  and whose land was sold to many people and your sites are still unsold. please clarify the above.  

Avinash (Propreitor)     21 May 2013

Dear sir,

The property is my great grandfathers and he had 5 sons. In 1990 all 5 brothers made unregistered GPA to an individual. In the year 1991 1st and 2nd brother expired, and again 3rd brother expired in 2002. The total land was 3 acre 17 guntas, in that for 2 acre 21 guntas (101 guntas) GPA was made. In that land around 65 sites(30*40) were made without conversion. Out of 65 sites, 30 sites are empty. And 10 sites are still not registered, How can i take position in property

Thanking you

 

Advocate Ravinder (Advocate/Attorney)     21 May 2013

Out of 65 plots, 10 plots are unregistered. That means you have registered 55 plots in all.  out of them 30 sites are open.  I donot understand, without the registered GPA how you have registered the above 55 plots.  These 55 plots will not be valid sale deeds.  They will not get any marketable title. The plots owners who are in possession do not have title, they have a nominal possession.   

 

As the unregistered GPA itself is defective, you have your property in your favour only. But the question is that will the owners of the plots keep quite as they have paid you the monies. 

 

To my expectation the plot owners will file a case against you for claiming their property, but they will ultimately be defeated. 

Avinash (Propreitor)     22 May 2013

Dear sir,

The GPA was given to a single individual and that person has registered the plots to people, in that 10 plots are not made sale deed by him to people and the plots are also vacant.

 

Thanking you.


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