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gautam arora (Asst. Law (PSU))     11 July 2013

Gpa to sale deed

A property was devolved on a lady A by Will of her father. This lady A entered into a Collaboration Agreement with B, a Builder.  This collaboration agreement entailed signing/execution of irrevokable General Power of Attorney (empowering B to alienate the relevant property) , Affidavit and Will by A in favour of B for First Floor in the Property. The Second and Third Floor were kept with herself by A.

This builder B executed Further GPA, Will and Affidavit empowering C to further execute any sale deed or in anyway alienate the first floor. In the affidavit, he claims to be the absolute owner of the first floor of the relevant property.

Now B, the builder executes a sale deed in favour of D in his capacity as GPA of A, the first owner. The registrar object and sends for proof of title to the property.. now how can GPA to Sale deed be executed??



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 July 2013

Unregd., GPA is invalid in view of the supreme court decision.

Adv Archana Deshmukh (Practicing Advocate)     11 July 2013

If the irrevocable POA given by A to B is valid i.e duly registered then, he has every right to execute a sale deed in favor of D.

gautam arora (Asst. Law (PSU))     12 July 2013

All the GPAs mentioned herein above were duly registered.


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