Sab (Partner) 09 November 2010

GPA - Divided Opinion - NEED HELP

Dear members,

I am looking to buy a plot in Bangalore and with the documents in possession I am getting mixed responses from couple of advocates I met. I am slightly confused and need this groups suggestion and expert advice.

the attached picture has the extract of the GPA. Using this GPA the holders sold the property to the current owners 15 years ago. The challenge is does this GPA empower the attorney/holder to have sold the property? according to one lawyer, this GPA does not specifically mention 'sell' and therefore should not have sold this.

The counter argument is that as per points 5 & 8, the GPA holder has all powers to sell this land, sign any deeds.

Dear members, please suggest.

thanks

sabin

https://www.lawyersclubindia.com/editor_upload/126864752gpa.jpg

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4 Replies

R.Ramachandran (Advocate) 09 November 2010

From whatever exceprts of the GPA that you have pasted, the GPA does not have the authority to 'Sell'. I will not be purchasing any property on the basis of the said GPA.

Sab (Partner) 09 November 2010

Sir,

Thank you for your response. I agree there is no mention of sale on the GPA, however could you please clarify point 8. Which according to another advocate was all "inclusive" to do anything including sell.

R.Ramachandran (Advocate) 09 November 2010

Dear Mr. Sab,

Whoever tells you that point 8 gives power to the GPA to sell the property are either not legal persons or are taking you for a ride.

(Guest)

I agree with Mr. R.Ramachandran. because right to alienate the property has not been granted or incorporated in the general power of attorney deed. Moreover the agent has been only granted to power to maintain the property and take actions incidental thereto. When expressly a document didnot speak a matter for to do or not to do deemed to be refused or not granted.