Legal Question in Real Estate Law in India

Cancellation of general power of attorney

We ,7 (2+ 5 cousins)brothers sold our property out of which 2 of us did not receive our payments where as others have recd their payments. The cheque that was given by the purchaser to me and my brother has not been honoured by the concerned bank on the plea ,''Insufficient funds,'' in his savings account , where as the other 5 cousins got their full payments. I ,approached the IG , Stamps Andhra Pradesh to cancel our Gpa ,who informed that the partial cancellation of Gpa is not under his preview ,hence We move to the court.he said that if all had come to him for the cancellation he could have done so ,but not for 2 out of 7 persons ,we have put a writ petition in AP high court ,on the advise of our Advocate, is that it is almost an year , it has not even got numbered. forget its hearing .How to go about it and whom to approach may please be clarified and how to proceed may also be informed .I am a Pensioner and at an age that does not provide the capacity and the verve to move about I am in a dilemma and can you please help me in this regard


Asked on 4/02/09, 7:53 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cancellation of general power of attorney

(a) You should have filed a complaint against the drawer of cheque u/s 138 of Negotiable Instruments Act. Anyway, now the time for that complaint has already expired. You may now file a CRIMINAL COMPLAINT u/s 420 of IPC against the drawer of cheque.

(b) Since your writ petition has not been numbered yet, it may not be worth to pursue that remedy; instead you may consider filing a civil suit and an application for interim injunction seeking to restraining him from acting on the basis of your GPA.

If the lawyer could not get your petition numbered for one year, it seems to be a doubtful case; you may examine the facts and the situation and then consider if you would want to engage another lawyer for pursuing your remedy. However, it may be added that we do not suggest engaging any particular lawyer nor we know anyone in your area.

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Answered on 4/02/09, 10:30 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cancellation of general power of attorney

Already replied.

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Answered on 4/04/09, 3:28 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cancellation of general power of attorney

Whether only GPA was issued against the payment?

If yes, issue a notice canceling/ revoking GPA as also publish a Notice of cancellation/revocation of GAP in local news papers. Main contention should be same was void ab-initio or non est and you are not bound by any act or omission of GAP holder on the basis of said GPA.

Based on Judgment of Andhra Pradesh High Court reported in AIR 2007 AP 57, registered Deed of Cancellation executed by you and your brother.

Check from the office Sub-Registrar whether any transactions on the basis of such GPA made and registered by GAP holder. If any transaction are registered on the basis of said GAP, register Cancellations on the basis of aforesaid ruling.

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Answered on 4/03/09, 12:51 am


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