Legal Question in Real Estate Law in India

Revocation of Power of attorney

Background

1. 'A' gave a registered GPA to 'B' in 1990 for sale of property. B entered into an agreement of sale with A for a consideration

2. 'A' revoced the GPA on 3-1-2005.

3. B registered the property in his wife's name on 10-1-2005

4. concealing the revocation, B's wife sold the property to 'C' in 2006 (sale deed registered without the issue of revocation popping up,all parties concealing the same). 'A' signed as confirming party to the deed.

5. Title of ownership is not being transfered inthe name of 'C' by the office (the tilte is still in the name of A)

Please advice on:

1. what should C do now? Is there any recourse

2. Can the revocation of GPA be cancelled by A now?

3. Can ''A' issue a fresh GPA (not registered) (back dated )in the name of B's wife to make the sale deed valid

4. Is there any legal recourse for mental agony

5. will a No objection certificate from 'A' suffice now?

Thanks


Asked on 9/05/07, 8:56 am

2 Answers from Attorneys

Re: Revocation of Power of attorney

You may proceed against 'B' and his wife both in civil & criminal law and can also get the sale deed cancelled and can claim damages.In case of need you may contact with all details and papers.professional charges are applicable.

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Answered on 9/05/07, 1:27 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Revocation of Power of attorney

GPA granted for consideration is irrevocable. Please read provisions of section 201, 202 of the Contract Act.

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Answered on 9/06/07, 1:22 am


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