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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:-
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?


Q:- Whether the General Power of Attorney requires franking or registration?  Can the GPA holder attend the Sub-Registrar’s office for registration of GPA on behalf of the executant of GPA? What charges are payable for registration of GPA?

Q:- How do I make Power of Attorney?

Q:- My father is a General Power of Attorney holder in respect of property at Kengeri.  The khatha stands in the name of my father as holder. He is paying the taxes regularly and receipts are issued in his name. But many people say that he is not the owner of the property but he may sell it to any other person and get it registered in purchaser’s name. As we want to retain the property, can my father sell and register the property to me. Please advice?

Q:- My uncle has given Power of Attorney to his friend to develop certain properties, negotiate and sell them. He has also received the consideration.  The stamp duty paid on Power of Attorney is Rupees One Thousand only and the Power of Attorney is not registered. The Attorney holder has developed the property and has sold to various purchasers. But, now my uncle wants to gift some portion of the said property to his sister. Since the stamp duty paid on Power of Attorney is only Rupees One Thousand and not as per sale deed and is not registered, can my uncle claim the sale deeds executed by his friend, Power of Attorney holder, as irregular and not enforceable and gift the property to his sister.