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Anup (engineer)     23 May 2014

Gpa on joint property

Hello All,

We have a property of around 5 acres which belongs to my father and he expired few years back. We are 5 brothers. This property comes under 1970 act and if we sell this property to any outsider other than SC's/STs, it can not be registered. 

Recently, they executed a GPA, where in two of them gave their consent to the other two to do anything with their property by taking some money and its been registered in the sub-registrar office. So out of 5 acres, 4 acres have been transferred to the two of them. The question without partition deed, how can they execute GPA? Is this legally valid document? They also submitted the legal heir certificate. How did the sub-registrar register the document without my consent since i am also one of the sons. Can someone pls let me know what steps can be taken now to cancel this GPA or how should i proceed further?

 

Thanks Anup



Learning

 1 Replies

Gaurav Garg (Legal consultant)     06 October 2014

Dear Sir,

A General Power of Attorney (GPA) is a legal document whereby one person gives another person the authority to act on his or her behalf as his legal representative.

GPA doesn't entitles the transfer of ownership of property it is only the granting of power to take decision during the lifetime of the person executing it. It can be revoked/cancelled by the executant at any time but another person can't cancel such GPA.

The better way to get rid of all the disputes, execute 'Family Settlement Deed' whereby the property will be equally divided and each individual can sell off his share to any person. 


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