Bought property by giving GPA to mother can i now sell the property
04-Feb-2023 (In Property Law)
In 2012 I have purchased a property through GPA my mother, since I was in abroad. Still now GPA Not cancelled in SRO. Now I am back to India and in position to sell my property. 1. I just need a legal clarity that shall I sell the property directly from Me or through my mother, since GPA still in active. 2. Or if I sell the property without GPA is it a valid execution. 3. Suggest any affidavit can be taken for this, or if GPA signs in witness while sale execution considered valid sale?
A general power of attorney can cancelled by way of publication in the paper or sending the notice to the power of attorney holder. If the deed is registered, then it can revoked or cancelled by way of deed of revocation or cancellation. In your case, you can cancel the general power of attorney registered by sending a notice to the power of attorney holder or by executing a deed of cancellation with the general power of attorney holder.Thus, you can cancel the GPA by above method and move forward with the sale.
General power of Attorney will be given by you when you are not in a position to make the transfer or to buy something etc., The property is bought in your name and it is recorded in your name and there is no necessity for your mother to be present at this time. You can very much proceed with the sale.
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