what is known as General Power of
Attorney Sales (for short `GPA Sales') or Sale Agreement/General Power of
Attorney/Will transfers (for short ... GPA/WILL' transfers). Both the
descriptions are misnomers as there cannot be a sale by execution of a power
of attorney nor can there
title on behalf of the grantor."
"15. Therefore, a SA/GPA/WILL transaction does not
convey any title nor create any interest ... mode of
transaction" when dealing with transactions by way
of SA/GPA/WILL are unwarranted and not justified,
RFA No.648/2006 Page
court framed the
following issues.
Issues
"(i) Whether the pltf. executed GPA, SPA, agreement to sell,
receipt dated 26.5.95 with or without consideration?
Onus ... parties.
(ii) Whether the pltf. could not legally cancelled the GPA
and SPA as claimed in para 2 of plaint?
(iii) Whether the suit
sought
to seek his rights on the basis of GPA dated 6.4.2009 executed by Ramji
Lal who being the licensee of the plot ... said verdict, which read to the effect:
"15. Therefore, a SA/GPA/WILL transaction does not convey
any title nor create any interest
suit property. In view of the same, Appellant No. 1,
through her GPA holder Appellant No. 2, preferred the Suit for
recovery of possession, mesne ... while
observing that the Agreement to Sell, GPA, Receipt, Affidavit
and Will are not valid documents for transfer of immovable
property. It is his submission
REVENUE REVENUE TRIBUNAL AND OTHERS
General Power of Attorney Sales (for short `GPA Sales') or Sale
Agreement / General Power of Attorney / Will transfers ... short
`SA/GPA/WILL' transfers). Both the descriptions are misnomers
as there cannot be a sale by execution of a power of attorney
consider the legal effect of documents such as General Power
of Attorney (GPA), Agreement to Sell and Will which normally were being
executed in Delhi ... evidence transactions affecting immovable properties
and are popularly known as „GPA Sales‟. After considering the legal
provisions and case law on the subject, the following
lacs who executed
agreement to sell Ex.PW1/A, GPA Ex.PW1/B and receipt Ex.PW1/C
in his favour ... appellant for the purchase of suit property. The documents
namely GPA, agreement to sell and receipt were executed which
were duly signed by the appellant
ownership of his Flat no. 231, Sector 45-A,
Chandigarh under its GPA transfer policy at par with the cases which were
transferred by respondent ... previously existing policy whereby ownership could be
transferred on the basis of GPA/Will etc.
2. The respondent-Board has very conveniently missed
the important
assessment year under consideration as JDA was entered on 5.2.2007
along with GPA and there was no possession of the property handed over ... also drew our attention to clause 8 of GPA which reads as
under:-
"8. TRANSFER OF DEVELOPERS SHARE :
8.1) The Owner shall agree
