Validity of Relinquishment deed when done through a GPA Validity of Relinquishment deed when done through a GPA

3 months ago

Is Relinquishment deed Valid if made & registered through a GPA by the agent, without the owner's presence & what is the consequence if GPA is cancelled by the owner later? will the Relinquishment deed be held invalid. automatically on cancellation of the GPA.

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear Sir,
The GPA can execute a valid relinquishment deed on behalf of the principal. If GPA is cancelled subsequently the already registered relinquishment deed remain as it is that is it is valid.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
If the relinquishment deed is registered through the holder of a regustered GPA before the cancellation or revocation of the GPA by the princpal/owner, then the relinquishment deed stands legally valid because GPA was enforceable at the time of registration of the Deed of Relinquishment.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
The validity of a relinquishment deed executed and registered through a General Power of Attorney (GPA) without the owner's presence depends on the specific terms and conditions mentioned in the GPA. If the GPA explicitly authorizes the agent to execute a relinquishment deed on behalf of the owner, and it is done in accordance with legal requirements during the validity of the GPA, the relinquishment deed is generally considered valid.
However, if the owner later cancels the GPA, it may impact the authority granted to the agent. The cancellation of the GPA means that the agent no longer has the legal authority to act on behalf of the owner. In such a scenario, any actions taken by the agent, including the execution of the relinquishment deed, after the cancellation may be challenged.
It's crucial to consult with a legal professional to review the specific terms of the GPA, the circumstances surrounding the execution of the relinquishment deed, and the implications of the GPA cancellation. Legal advice will help determine the validity of the relinquishment deed and the consequences of the GPA cancellation on the transaction.
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Vidhi Samaadhaan Vidhi Samaadhaan

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