GPA provided not used to sell agricultural land but land was sold
2 years ago
I had issued a GPA signed by notary in 1995 for an agricultural land to my relative. He allowed a farmer to do farming on that land. My relative did not use the GPA to sell the land to the farmer but the farmer sold a portion of the land though he was not the owner. Is the GPA still valid?
A.Dear Sir,
If GPA was not in the name of farmer then he cannot sell it. There is no limitation for GPA and its validity ends on its cancellation by you by way of issuing paper publication and notice to the concerned person.
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A.Dear client,
Supreme Court stated that GPA cannot be used for sale or purchase of property. The owner had to deal in the matter of sale or purchase of his property. So the farmer cannot sell land.
Thank you.
Supreme Court stated that GPA cannot be used for sale or purchase of property. The owner had to deal in the matter of sale or purchase of his property. So the farmer cannot sell land.
Thank you.
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A.First of all an unregistered GPA is not valid as all power of attorney invariably needs to be registered. Since the GPA was not registered hence your GPA was not valid then and is not valid now too. Also what the farmer has done is an illegal act and his sale is also not valid.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.GPA until and unless registered has no legal validity. In this matter to give opinion, it is necessary to scrutinize that Purchase Deed executed by that Farmer for selling that property and it is necessary to know whether it is registered or not and when and how you came to know about such sale. To suggest legal remedy, the aforesaid facts being extremely relevant are required to be known.
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