Yes you can cancel the said gpa you can also file a suit to nullify all the transaction done against the gpa without your intention
Misuse of GPA
I am a NRI and had given GPA (including rights to sell ) to my father in 2003 to purchase a property in Mysore. The property is registered in my name. recently I became aware that my father has used the same GPA to sell and register the property to my brother for 20 lakhs. I am not aware and I have not approved any transaction. I would like to know if such sale based on GPA (17 years old) without authorization by owner when the owner is still alive stands valid. Do I have any legal options left to fight this case. Can the sub-registrar transfer the property without any of my signatures.
Asked 5 years ago in Property Law
Religion: Muslim
16 Answers
What was the language to GPA, absolute authority to deal with the property for any legal purpose or just to purchase it in your name.
In later case, you can file suit for cancellation of sale and recovery of possession. BUT, why you delayed for so many years, now suit may bar by limitation.
1) once GPA is executed by you it authorised your father to sell property on your behalf
2) you have not mentioned when transfer was done by your father
3) you hav e not mentioned whether GPA is registered or not
4) need further details to advice
The GPA was executed by my Father in 2003 to buy property in my name at that time. In the same GPA there was also a clause authorizing him to sell. This I had done at that time. I am not particularly aware that it was registered, but I think my father had got it registered because of which I believe he is able to transfer the property in my brother's name as a sell deed. The transfer of property (or sold ) to my brother is showing in registrar office as Dec 31,2018 but I neither had authorized this transaction nor received any sale details. I had asked a lawyer to cancel the GPA a year back but the lawyer seems to have fooled me and told that the GPA is not shown as registered in sub-registrar office. My question is, can my father sale the property only on the basis of GPA (even if it is full authority) without my involvement after 17 years of issuing GPA. Do I have any legal stand to reclaim back as this is a fraud without my involvement as the property was registered legally in name before my father transferred to my brother.
Asked 5 years ago
See if there is GPA it is authorisation based on same sale can e made. See you have only way that is to recover the amount from father.
IF there is GPA there is no signature required.
Yes, he was duly authorize to sell, GPA may be notorise, no need to be registered. Where was you when GPA was executed ?
Your involvement was not called due to GPA which you have to revoke just after purchase of property. By mere notice that could have revoked than sale would be forgery.
Have you signed the GPA if not than you have possibility.
Yes an attorney holder under GPA can transact on the basis of GPA and such transaction cannot be challenged in court by the person who gave the GPA.
Dear
1. A GPA holder is authorised to make the sale of property without consent of principal.
2. You can file a suit of nullity if you have not recieved the consideration and also if the property is sold at a lower price as compared to Market Value to make Illegal gains by executor or purchaser then you can file a suit for nullity of sale.
If GPA is not registered your father could not have sold property to your brother
2) reasons being after 2012 for sale of property registered GPA is must
3) if registered GPA was executed your father did not need your consent to sell the property
4) your chances of success in setting aside sale deed are bleak
As you have given gpa with authority to sell your co sent later is not necessary. You have yourself given the said right to your father for selling rhe same. Now it will be very difficult for you to prove in court that it was against your intention
1. The GPA being a gratuitous one the attorney must be under obligation to refund the benefit or profit gained from the property to the Principal.
2. So in this case even if there is no sch clause then also your father is obliged to return your money and iif he has not then you have rights to explore legal remedies.
As you had given general power of attorney to your father also authorising him to sell the property, your signatures would not be required in order to sell the property and the same can be done by your father on your behalf legally.
You can file a suit for cancellation of such sale deed and GPA on grounds of fraud and misrepresentation by a father in civil Court.
As you had legally authorised your father to sell the property, your father can rightfully sell the property on your behalf so the chances of sale deed being set aside are very less.
since you have not received any consideration amount from your father, you can file a suit for recovery against him as he was only acting in the capacity of a agent to receive the consideration amount on your behalf and had to rightly transfer it to you but the same was not done, so the sale proceeds can be recovered from him by filing a suit.
Dear Queriest,
I am sorry to inform you that sale made by using a registered GPA is legal. Registered GPA is in itself a legal Authorisation.
GPA is legally valid for sale when registered, It is said be registered when it is registered with the Sub Registrar and not Notary.
I need to peruse the GPA to tell whether it is registered and to make any further advise. Rest please contact me though Kaanoon.
If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed.
Since you have yourself stated that you have executed a GPA to your father which includes the rights to sell the property, there is no illegality in your father executing a registered sale deed in favor of your brother.
You can sue your father for not having given you the sle consideration amount that too if your claim is within three years from this date.
Since you have authorised yor father to sell the property by a GPA, he has done it legally.
However the registrar should have insisted on your life certificate before registering the property to a third person through this GPA holder.
Since the property has been sold recently within three years, you can sue your father asking to pay back the sale consideration amount but it may not be possible to seek cancellation of registered sale deed