Can a property be sold again on the basis of general power of attorney?
Question asked by Mr. Vivekanand Rao from Bangalore, India:
Hi Veena, We had over half an acre of land between Yelahanka and Devanahalli which was sold to a big developer 10 years back. The paani is still under my father’s name and the conversion that they did is also under my father’s name. They had taken GPA for the land and this was more than 10 years back. Now the developer plans to sell the land to another party. Will he be able to do it without our consent? And what is our liability since all papers are under my father’s name (It was only the GPAs that was given). And also can I claim some compensation in case they seek our consent; the prices now are nowhere near what it was more than a decade back.
Thanks
Vivekanand Rao
Veena Answers:
We need to know if the power of attorney was registered or merely notarized. In the event the power of attorney is merely notarized, it would be advisable to execute a revocation deed revoking the powers granted under the GPA and also publish a newspaper notice informing the general public that the GPA executed by your father in favor of the attorney has been revoked and if any one transacts with the attorney on the basis of the GPA they will be doing so at their own risk and you shall not be liable for any consequences. In case they seek your consent, you can certainly negotiate and ask for compensation towards giving up your rights on the property.
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