Posted on: 28th Jul, 2009 11:21 pm
I have one personal doubt on Legal matter. Plz take ur own time to answer.
Case in Brief:
Assume Man-A given a “Irrevocable Agreement of Sale-Cum-General Power of Attorney†to Persons X and Y.
Now Man A agreed to withdraw the above said GPA (Irrevocable agreement of sale cum GPA) by means of some negotiation with the opponents.
My questions are :
1. If a man given GPA to X and Y persons and now he wants to withdraw that GPA, can he…???
2. Is there any time limit to Renew the GPA since the given GPA is around 10 months old….and it needs any retention period.
3. The word “ Irrevocable Agreement of sale cum GPA “ in which can he withdraw this GPA (IMP question)
4. If not possible to withdraw, can we do the settlement outside the court by means of negotiation.
Note: The persons X and Y knows that GPA given to them by man A is Bogus, since they does not have Patha Pass Books(on Agriculture lands), and we (Opponents) have Registered legal document and Patta pass books with us of the Agriculture land. They simply filed a case by giving above GPA to persons XY, and created some panic to us to plug some money on this from us. Finally they came to know ,even their Advocate says that one day we will lose this case and that is why they are negotiating with us. For which first he has to Withdraw the case for which we need to give some money to the GPA holders that is persons X and Y since X and Y given some money to Man-A as he has given above GPA.
Pl clarify on this. Can he Withdraw the GPA or not. If not, what is the possible solution
[/u]
Case in Brief:
Assume Man-A given a “Irrevocable Agreement of Sale-Cum-General Power of Attorney†to Persons X and Y.
Now Man A agreed to withdraw the above said GPA (Irrevocable agreement of sale cum GPA) by means of some negotiation with the opponents.
My questions are :
1. If a man given GPA to X and Y persons and now he wants to withdraw that GPA, can he…???
2. Is there any time limit to Renew the GPA since the given GPA is around 10 months old….and it needs any retention period.
3. The word “ Irrevocable Agreement of sale cum GPA “ in which can he withdraw this GPA (IMP question)
4. If not possible to withdraw, can we do the settlement outside the court by means of negotiation.
Note: The persons X and Y knows that GPA given to them by man A is Bogus, since they does not have Patha Pass Books(on Agriculture lands), and we (Opponents) have Registered legal document and Patta pass books with us of the Agriculture land. They simply filed a case by giving above GPA to persons XY, and created some panic to us to plug some money on this from us. Finally they came to know ,even their Advocate says that one day we will lose this case and that is why they are negotiating with us. For which first he has to Withdraw the case for which we need to give some money to the GPA holders that is persons X and Y since X and Y given some money to Man-A as he has given above GPA.
Pl clarify on this. Can he Withdraw the GPA or not. If not, what is the possible solution
[/u]
Hi,
As far as I'm aware of, a general power of attorney (POA) can be revoked. If the actual owner of the property is able to manage his properties on his own, he can revoke the POA and take over the financial responsibilities in his own hands. However, as the term suggests, an irrevocable agreement of sale cannot be revoked. An irrevocable agreement is binding on both the parties as they are legally bound to follow the terms and conditions of the agreement. I'm not sure how a POA could be merged with an irrevocable agreement of sale. You must contact a lawyer as he is the best person to help you out of this messy situation.
As far as I'm aware of, a general power of attorney (POA) can be revoked. If the actual owner of the property is able to manage his properties on his own, he can revoke the POA and take over the financial responsibilities in his own hands. However, as the term suggests, an irrevocable agreement of sale cannot be revoked. An irrevocable agreement is binding on both the parties as they are legally bound to follow the terms and conditions of the agreement. I'm not sure how a POA could be merged with an irrevocable agreement of sale. You must contact a lawyer as he is the best person to help you out of this messy situation.
'A'--has given Registered 'G.P.A'. to 'B'. and 'B' entered into agreement of sale with 'C'. by taking part sale consideration. Than 'A' cancells the G.P.A in S.R.O, which is registerd cancellation of 'B' by giving the news paper add and also a period of six years is over,and 'A' executed A.G.P.A in favour of 'D'one year back from nowonwards.Now can 'D' and 'c' together wants to cancel the agreement of sale without 'A' can this be possible......?
Hi Mir,
The agreement of sale was signed by B and C, right? In that case, D cannot cancel it. A lot also depends on what rights D has been given through the general power of attorney, also on the terms of the agreement of sale. You need to contact an attorney. Only he can tell you if cancellation of the agreement of sale is possible in this situation.
The agreement of sale was signed by B and C, right? In that case, D cannot cancel it. A lot also depends on what rights D has been given through the general power of attorney, also on the terms of the agreement of sale. You need to contact an attorney. Only he can tell you if cancellation of the agreement of sale is possible in this situation.
Hi, 10 years back we purchased site from owners and was registered on above basis.
Now is there any problem in selling to others?
Now is there any problem in selling to others?
Dear Sir my friend and my self has executed a AGPA(agreement of sale and general power of attorney) in favor of a person in march 2006 and took amount( private loan) of 10,00,00/- we were paying interest @2% per month to him. now my friend has expired so is the AGPA still valid or not. that person is having our original title deed with him and he is refusing to give it back.pleases advice me.
Hi SivaKumar,
As you're still alive, the AGPA agreement should still be considered as valid. You can contact a real estate attorney and take his opinion in this regard.
As you're still alive, the AGPA agreement should still be considered as valid. You can contact a real estate attorney and take his opinion in this regard.
a housing plot was under sale agreement cum general power of attorney between A and B.Now I want to purchase the plot duly cancelling the above sale agreement cum general power of attorney in the same subregistrar's office,and register the same in my name by the original plot owner, A.is it right decision?
Hi maheswara,
If the person B is ready to accept the new sale agreement that you have formulated, then you will be able to go ahead with the deal. If person B has any objections, then the deal may get stalled.
Thanks
If the person B is ready to accept the new sale agreement that you have formulated, then you will be able to go ahead with the deal. If person B has any objections, then the deal may get stalled.
Thanks
person -A- has given agreement of sale cum power of attorney for a open plot to person-B-one month back.Now I am planning to purchase that plot from person -B-.
now my question is at the time of purchase on the date of registration of plot ,is it essental the presence of person-A-required along with person-B.to put signatures on the document?
or without person-A-also is the registration can be done?plz reply.
now my question is at the time of purchase on the date of registration of plot ,is it essental the presence of person-A-required along with person-B.to put signatures on the document?
or without person-A-also is the registration can be done?plz reply.
Hi RAVINDER,
As far as I know, at the time of initial registration, person A should have been present there. If person A has already transferred and sold the property to person B, then person A is no way connected to the property anymore. You can directly get the property from person B.
Thanks
As far as I know, at the time of initial registration, person A should have been present there. If person A has already transferred and sold the property to person B, then person A is no way connected to the property anymore. You can directly get the property from person B.
Thanks