Power of gpa holder in transfer of property

This query is : Resolved

Raghunath Reddy T (Querist)
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08 August 2015 I have entered into an agreement of sale with a GPA holder in 1993 for 62 house plots owned jointly by 3 brothers. Earlier to this agreement, entire sale consideration for 74 plots was paid to the brothers in 1986 and got GPA registerd in 1986 in the name of my own brother.GPA holder executed sale deeds in respect of 12 plots in 1990.The agreement for left out 62 plots says, entire sale consideration has been paid to the owners & possession has been passed over to me & sale deeds will be executed whenever I desire, specifically with no time limit.One of the brothers died recently. Owners declined to execute sale deeds now.They deny receipt of sale consideration, demand for strict proof. Original money receipts(4 out of 5) lost. Copies available.They have come to know about it. Is it feasible for me to enforce the agreement through specific pfc on the strength of my agreement with the GPA holder ? My advocate says, photo copies of money will not be accepted by courts as evidence to prove that sale consideration has been paid. Can I take a stand that GPA holder has agreed,that owners have received the sale consideration. In fact, I have entered into an agreement with the owners in 1986, prior to GPA for purchase of 74 plots. Partial sale consideration given by that day is acknowledged in the agreement. Balance was paid within 6 months as agreed and thereafter GPA got executed.In worst situation, I am willing to pay the 'balance sale consideration', claimed as not paid by owners with reasonable interest. Do I have a solution? A genuine problem. Highly obliged for your guidance/ solution.

CA. Nirmal Ghorawat

CA. Nirmal Ghorawat (Expert)
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26 March 2021 Power of Attorney - is valid till the lifetime of the giver. Once the GPA giver has deceased, the same is void and has no effect.

The title of the property now vests in the legal heirs of the deceased GPA giver and I presume you have the possession of the property.

Adverse possession without any suit for reclaiming possession by title holder beyond limitation period (12 years) may be explored to get Title of the property.

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