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Can principal sell the property without informing the GPA holder
7 months ago
Can principal sell the property without informing the GPA holder?
If that happens the property registration will get cancelled or not?
A.Dear Client,
Yes, a principal can execute the sale deed while GPA is still effective because through GPA principal gives power to perform some task on his behalf and doesn't give up his own power to perform such task. There is no legal infirmity for the owner to sell his property even if there is a power of attorney and it not canceled, the principal always has the power to execute a sale deed and it is valid and cannot be challenged.
Yes, a principal can execute the sale deed while GPA is still effective because through GPA principal gives power to perform some task on his behalf and doesn't give up his own power to perform such task. There is no legal infirmity for the owner to sell his property even if there is a power of attorney and it not canceled, the principal always has the power to execute a sale deed and it is valid and cannot be challenged.
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A.Dear Client,
In India, the power of an attorney or GPA (General Power of Attorney) gives someone the authority to act on behalf of the property owner. However, the specifics of a GPA can vary depending on its terms and conditions, so it's essential to review the document in question. Typically, the principal (property owner) can sell the property through an attorney (GPA holder) without directly informing the GPA holder at the time of the sale. However, this could lead to potential legal issues, especially if there are specific conditions or restrictions mentioned in the GPA that prevent such a sale. Carefully examine the terms and conditions in the GPA. Some GPAs may specify that the attorney must seek the principal's consent before selling the property.
The principal has the right to revoke the GPA at any time, and the revocation must be communicated to the attorney. The principal can also limit the powers of the attorney if that is specified in the GPA.To sell the property, a valid sale deed needs to be executed and registered. The registration process must follow the legal requirements, and any violation of the GPA terms may affect the sale deed's validity. If the sale of the property is done in violation of the terms of the GPA or other applicable laws, it could potentially lead to legal disputes and the cancellation of the property registration.
In India, the power of an attorney or GPA (General Power of Attorney) gives someone the authority to act on behalf of the property owner. However, the specifics of a GPA can vary depending on its terms and conditions, so it's essential to review the document in question. Typically, the principal (property owner) can sell the property through an attorney (GPA holder) without directly informing the GPA holder at the time of the sale. However, this could lead to potential legal issues, especially if there are specific conditions or restrictions mentioned in the GPA that prevent such a sale. Carefully examine the terms and conditions in the GPA. Some GPAs may specify that the attorney must seek the principal's consent before selling the property.
The principal has the right to revoke the GPA at any time, and the revocation must be communicated to the attorney. The principal can also limit the powers of the attorney if that is specified in the GPA.To sell the property, a valid sale deed needs to be executed and registered. The registration process must follow the legal requirements, and any violation of the GPA terms may affect the sale deed's validity. If the sale of the property is done in violation of the terms of the GPA or other applicable laws, it could potentially lead to legal disputes and the cancellation of the property registration.
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