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My brother had purchased a site from his friend. The site was allotted by BDA and the allottee had lease cum sale. The seller, has received the full consideration and has executed a registered general power of attorney in my favour. He has acknowledged the  receipt of full consideration by way of an affidavit which is notarised. Also When my brother pur- chased the site, it was still in lease period, and BDA has not executed the absolute sale deed.
But, my friend has received a legal notice from the allottee stating that power of attorney is cancelled and he intends to sell the site to others. What is the remedy?

- by Seetharama Rao, Kadugodi

It is advisable to seek the help of an advocate by providing all the documents. The General Power of Attorney is registered and the seller has acknowledged the receipt of full consideration through a notarised affidavit. Power of attorney coupled with consideration cannot be revoked. You may reply the legal notice through your advocate and also issue a paper notification to avoid any unfair play. But in the absence of a sale deed, in favour of the allottee, by BDA, and as the allottee was only lessee when the site was purchased by your friend the matter is complicated. It is advisable to sort out the issue with the allottee. Alternatively you may also claim the amounts paid with upto date interest.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am planning to buy a site.  Site owner is in USA. He has given GPA to his relative. I came to know that there are different types of GPAs. If I want to buy that site, how to know what kind of GPA he gave  to his relative. If the person is in USA is it possible to give GPA to the other person?

Q:- Most of the property developers in Bangalore enter into Joint Development Agreement with the land owners who would give General Power of Attorney in favour of the property developer.  Such property developers sell their share of flats based on the General Power of Attorney held by them. Suppose the GPA executor dies how does the property developer gets right to deal with the flats allocated to him after the death of the GPA holder?

Q:- I have purchased a property within the municipal limits of Shimoga.  As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered.  Later on I came to know that the presentation should be either by the executant or claimant or only a duly authorized agent through power of attorney.  I have not given any power of attorney to my friend.  I am told that the registration is invalid.  Please advise me.

Q:- I am planning to buy a site. The owner is in U.S.A. He has given the GPA to his relative. I came to know that different types of GPAs are executed. If I want to buy this site, how do i know as to what kind of GPA he has given to his relative?  If the person is in U.S.A., is it possible to give GPA to the other persons?

Q:- I am planning to buy a site, site owner is in U.S.A., he gave GPA to his relative; I came to know that different types of GPAs are there.  If I want to buy that site, how to know, what kind of GPA he gave it, to his relative.  If the person is in U.S.A., is it possible to give GPA to the other person.