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Illegal Possession using GPA (CIVIL CASE)
13-Oct-2023 (In Property Law)
My grandad owned a property in Bangalore. He gave the land to a tenant for rent basis with no rent agreement but by the way of GPA in 1991. The tenant leased the land to an oil company for running a perteol bunk in the year July 2009 representing himself as the GPA holder. My grandad died during September of 2009. The tenant without our knowledge registered a fraud sale deed selling the property to himself with no cost in the year 2017, and sold a parcel of the land for Rs.10,00,00,000 to Bangalore METRO based on the deed in the year 2017. He also made a fraud confirmation deed without our consent, but brining in third party posed as my family, and got the confirmation deed registered in 2019 . We filed a complaint againt him in the year 2021, and fir was filed against him, and also he was put in jail, and he is now out on bail. He is now claiming the property based on adverse possession. My father was a minor when the GPA was made in 1991. Will his case stand in court?
The matter of whether a case will stand or not depends on the documents, evidence & the way case is fought and conducted. The claim that you saying that he is claiming is whether by way of any court case or just orally ?
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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How long is a GPA valid for?
The General Power of Attorney (GPA), which is valid until the death of the principal or the attorney, can be revoked at any time. GPAs can be valid for a specific period, such as 1 year, 5 years, or until the transaction or legal task that was performed.
Is it safe to buy property from GPA holder?
Even if a GPA is irrevocable, it can still be revoked. It also expires upon the death of its grantor. Law does not recognize any irrevocable powers unless they are accompanied by an interest. The purchase of property using such a power can be risky and increase the likelihood of complications.
Is GPA valid after death of executor?
The gpa is invalidated after the death of the holder or attorney. Owner of property may register sale deeds in favour of sons of attorneys by submitting death certificates of attorney. 02-Feb-2022
What happens if power of attorney holder dies?
Agents are given limited powers that the principal approves. The person whose will has been written holds the full power. In India, the validity of a Power of Attorney ends with the death of either the principal or agent. 10-Apr-2023
Yes, this is a clear case of misrepresentation and fraud. You can approach the Civil Court and file a suit for declaration, Injunction and Possession and ask for cancellation of all those deeds. He is claiming right over the property by way of GPA, GPA is not the proper way if claiming right over the property and the point of adverse possession doesn't stand in this situation.
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Adv. Yashas K.
Bangalore | 25+ Answers
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