• General power of validity and revocation

My father has given general power of attorney in 1999 to my elder brother for sale of immovable property situated in Gujarat which was notarised. my father is still alive. Please let me know still GPA is valid. Also inform me how revoke/cancel this GPA
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

Yes if no expiry date of GPA is mentioned it is valid now also.

To cancel GPA father can give a notice.to elder brother for cancellation and can publish in newspaper the notice of cancellation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

GPA is valid until not cancelled by your father. It is just a notorised POA, so he can intimate him in writing not to act on it, return the original and POA stands revoked forthwith.

Or can send legal noitce of revocation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There is no validity period unless specified in GPA. Valid till the death of the Principal or revocation. GPA holds good as long as the purpose mentioned for giving the authority is fulfilled provided it is a registered one. If no time is specified then regn done after ten years also is valid..

A general power of attorney can cancelled by way of publication in the paper or sending the notice to the power of attorney holder. If the deed is registered, then it can revoked or cancelled by way of deed of revocation or cancellation. your father can cancel the general power of attorney registered by sending a notice to the power of attorney holder or by executing a deed of cancellation with the general power of attorney holder.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

address a letter to the son revoking the POA

also issue a public notice in local newspapers informing that the POA is revoked and no one should deal with the elder son for purchase of property and if anyone does then he will do so at his own risk

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

POA for sale of property requires registration

2) brother cannot sell property based on notarised POA

3) your father can revoke POA by issue of public notice

4) also issue notice to brother that POA is revoked

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. POA can be revoked by giving proper Legal Notice to the present POA holder. AFTER this give proper newspaper notice, that earlier POA given to POA holder is revoked and that no person may deal with the POA holder.

2. Also file caveat with the local district Registrar of sub-assurances, for the purpose of restraining further property transfers.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

GPA is valid till the death of either principal or POA holder OR till the object is fulfilled. So if POA holder has died or the property is already sold then POA is not valid anymore.

Only Principal/ power of attorney maker can revoke the POA through concerned sub-registrar.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Hello,

If the GPA relates to sale of immovable property then the same is required to be registered, failing which the same will be considered to be invalid and the title can not be transferred on the basis of the same.

The GPA can be revoked or cancelled by the father by means of a letter to the elder brother and by means of a publication in the newspaper.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If your father is living, then the POA deed is valid on the date.

If it is a registered POA then your father has to first issue a legal notice informing him that he has cancelled the POA deed and then he can approach court to declare the power of attorney deed given to him cancelled on the basis of the legal notice.

If the POA Deed is an unregistered deed then your father can cancel the same by sending a legal notice about this and issue a newspaper publication s a public notice intimating the public that the POA deed issued in his favor stands cancelled.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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