Asked in Property
No. Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on owner's behalf. The latest judgement by the Supreme court of India categorically invalidates the sale of a property through GPA. A GPA holder only has the authority to carry out tasks assigned by the owner excluding selling of property. The Supreme Court has ruled that sale transactions carried through general power of attorney will have no legal sanctity. "A transfer of immovable property by way of sale can only be by a deed of conveyance
if the property has been sold on fake GPA then file a case of civil as well as criminal
The proper legal course of action is to file a Criminal complaint against your brother for Cheating, Forgery, etc. and you must simultaneously file a Suit to declaration that you are owner and also consequent releif for possession.
The basic question is that if the Power of Attorney was duly registered with the Office of Sub Registar. Property cannot be soled by the Attorney holder with unregistered document. If your Brother has done it is patiently wrong at the very face of it..Approach the court for cancellation of the Sale Deed executed by him on your behalf. You will succeed.. Please give me Rank Five and follow me after reviewing my resume and contact me telephonically for further discussion and explanation if required.
POA holder can sell the property if the POA will be registered and express power to sell, execute and registered documents and to receive consideration mentioned therein ..after going through the subject POA can advice you further about your case ...
Dear Sir, Need to check the POA before giving any giving any further advice. If it is done through fraud by your brother then the criminal procedure need to be carried forward against your brother. Need to check POA and other details before giving any further advice. Request you to connect with me for further advice. Also review my profile and rank me 5 points.
Send me the POA and then only I will be able to give you suggestions
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