I have purchased a property in year 2009 through registered AGPA by paying consideration to the landlord. I'm in a peaceful possession of the land recently a unknown person wrote a objection without his identity proof to SRO that the previous landlord is no more provided the death certificate and my registered document is invalid. Basing on that letter SRO added my property into prohibited list?? I showed the sro recently conducted survey plan, punchnama everything she is not convinced. I think most of the properties are registered under agpa before 2009 is that all invalid now ? Please suggest
Power of attorney ceases on demise of principal unless coupled with consideration
draw attention of SRO to provisions of section 202 of contract act
in present case consideration was paid to landlord and he had executed POA in your favour . On his demise POA is not terminated
A property purchased on the basis of AGPA is not valid if the AGPA had no blood connection with the owner.
If it is not so and the owner had a good title then there is nothing to worry about this.
SRO c an not decide the legality of your title or the title deed.
The AGPA is not the title document, hence you may approach your principal to get the property registered to your name immediately.
If he is not available or reported to have died then you can ask his legal heirs to step into his shoes to execute the registered sale deed to your name on the basis of the GPA document in your possession.
Further the SRO is not an authority to declare the property into the prohibited list, this power is there with the revenue department only.
The SRO cannot act on any complaint given by a third person in this regard. The SRO can act only on the orders of court of law and not by an individual's letter or even by a legal notice by a lawyer.
- If that GPA holder was having right to transfer the property on behalf of the landlord , then during the life time of landlord he was having his right to execute sale deed in your favour.
- However, if you have purchased that property after executing only AGPA in your favour , then legally you are not absolute owner of the property .
- Further, if you are in possession of the property , then you can file an Declaration and injunction suit before the court for directing the SRO to remove the prohibited list and to interfere in the property , and also to declare the owner of the property.
Dear Sir/Ma'am,
1. the SRO has failed to address section 202 of the Indian contract act.
2. it is a general rule that the GPA ceases to exist on the passing away of the principal unless it was coupled with consideration.
3. However, only the revenue department can order property to fall under the Prohibited List, the SRO has no such power.
Thank You
Dear Sir
You may directly approach High court and get such illegal order set side and after that you can file suit for compensation for unnecessarily giving trouble to you.
