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Scanned Judgements…!
In property transactions involving multiple owners, disputes often arise when not all executants agree on proceeding with a General Power of Attorney (GPA) combined with an Agreement to Sell (ATS). A common question is: what remedies are available to some of the executants of a general power of attorney to cancel the GPA cum agreement to sell?
These multi-executant documents grant an agent—often a buyer or developer—authority to manage or sell undivided property shares. When some owners seek cancellation due to disagreements, unilateral enforcement by others can lead to legal battles. Indian courts provide remedies like injunctions to prevent enforcement, based on principles from the Indian Contract Act, 1872, Transfer of Property Act, 1882, and Specific Relief Act, 1963. This post outlines key grounds, procedures, and case insights to help navigate such disputes.
A GPA cum ATS is typically irrevocable if coupled with the agent's interest in the property, per Section 202 of the Indian Contract Act, 1872. The principle that the General Power of Attorney was executed for a valuable consideration and the agent had an interest in the said property and therefore the GPA is irrevocable would apply even to the Agreement of sale-cum- GPA dtd. 18/3/2010. Udaya Bhanu Associates VS State of A. P. - 2023 Supreme(AP) 606
Unilateral actions by a subset of owners can prejudice co-owners or the agent, especially without express termination clauses. Courts emphasize consensus in multi-owner setups, where agreements often involve sharing proceeds in fixed ratios without individual demarcations. P. Venkata Ravi Kishore, s/o. P. Subba Rao VS JMR Developers Pvt. Ltd. , Rep. by its Managing Director, Sri K. Jagan Mohan Rao - 2022 0 Supreme(Telangana) 483
Executants seeking cancellation or injunction against enforcement typically rely on these grounds:
GPA becomes irrevocable when the agent has a personal stake, such as in development projects. Unilateral revocation by some owners may be invalid if it harms others. Courts have ruled that a registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled. Udaya Bhanu Associates VS State of A. P. - 2023 Supreme(AP) 606Udaya Bhanu Associates, Rep. By its Managing Partner VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration And Stamps) Department - 2023 Supreme(AP) 1535
Actions by some owners without all parties' consent are often impermissible. The cancellation of the registered Agreement of Sale-cum-GPA was unilateral and not permissible in law. Udaya Bhanu Associates VS State of A. P. - 2023 Supreme(AP) 606 In multi-executant cases, enforcement without consensus can be injuncted to protect undivided interests. P. Venkata Ravi Kishore, s/o. P. Subba Rao VS JMR Developers Pvt. Ltd. , Rep. by its Managing Director, Sri K. Jagan Mohan Rao - 2022 0 Supreme(Telangana) 483
If title disputes exist (e.g., prior registered deeds or land acquisition issues), enforcement via GPA fails. Injunctions require proving prima facie invalidity, often alongside Section 53A (part performance) claims under the Transfer of Property Act. Mere GPA possession does not confer title. P. Krishnappa, S/o M. Poojappa vs K. Mannaji Rao, S/o D. Krishnoji Rao - 2025 Supreme(Online)(Kar) 23743
Non-compliance with ATS conditions, like title clearance or simultaneous payments, grounds injunctions. Documents executed for consideration cannot be legally cancelled. Man Mohan Batra VS Bharat Bhushan Batra - 2012 Supreme(Del) 1315
Enforcement affecting ongoing litigations or shares warrants restraint. Courts invoke equity to prevent fraud or fiduciary breaches under Sections 182-206 of the Contract Act. Siddareddy Venkatanagaraja Reddy VS Mir Shahamat Ali Khan - 2017 0 Supreme(AP) 4
Note: Injunctions demand a prima facie case, balance of convenience, and irreparable injury per Order 39, CPC. Bare injunctions without title declaration may fail. P. Krishnappa, S/o M. Poojappa vs K. Mannaji Rao, S/o D. Krishnoji Rao - 2025 Supreme(Online)(Kar) 23743
Initiate in District or High Court for declaration (GPA/ATS invalid/revocable) and permanent injunction. Pray to restrain enforcing owners. Siddareddy Venkatanagaraja Reddy VS Mir Shahamat Ali Khan - 2017 0 Supreme(AP) 4
Under Order 39 Rules 1-2, CPC, seek ex-parte interim relief via affidavit. Prove urgency, like imminent third-party transfers. Courts grant if GPA irrevocable. Siddareddy Venkatanagaraja Reddy VS Mir Shahamat Ali Khan - 2017 0 Supreme(AP) 4P. Venkata Ravi Kishore, s/o. P. Subba Rao VS JMR Developers Pvt. Ltd. , Rep. by its Managing Director, Sri K. Jagan Mohan Rao - 2022 0 Supreme(Telangana) 483
Serve defendants; present GPA, ATS, payments, and witnesses. Highlight multi-executant prejudice. P. Venkata Ravi Kishore, s/o. P. Subba Rao VS JMR Developers Pvt. Ltd. , Rep. by its Managing Director, Sri K. Jagan Mohan Rao - 2022 0 Supreme(Telangana) 483
Adduce evidence; appeal denials via Section 115 CPC revisions. Enforce via contempt (Order 39 Rule 2A). Siddareddy Venkatanagaraja Reddy VS Mir Shahamat Ali Khan - 2017 0 Supreme(AP) 4
Join all parties; consider FIRs for fraud. For registered documents, proper Sub-Registrar endorsement is crucial—absent it, GPA remains valid. In the absence of any endorsement of cancellation... the agreement of sale cum-GPA is deemed to be valid and subsisting. Mahesh Pakhare VS A. S. Gopal - 2011 Supreme(AP) 990
Timelines: Ex-parte relief in days; trials years. Fees vary by property value.
These rulings underscore protecting mutual agreements in property deals.
Some executants may seek injunctions or declarations to cancel or restrain multi-executant GPA cum ATS enforcement, typically succeeding on irrevocability, unilateralism, or breaches—provided prima facie evidence exists. Success hinges on facts like consensus absence and agent interests. P. Venkata Ravi Kishore, s/o. P. Subba Rao VS JMR Developers Pvt. Ltd. , Rep. by its Managing Director, Sri K. Jagan Mohan Rao - 2022 0 Supreme(Telangana) 483Siddareddy Venkatanagaraja Reddy VS Mir Shahamat Ali Khan - 2017 0 Supreme(AP) 4
Key Takeaways:- Prove agent's interest for irrevocability under Section 202.- Avoid unilateral moves; mutual consent essential for registered docs.- File promptly with strong affidavits for interim relief.- Always join co-owners.
This is general information based on Indian legal principles and cases; outcomes vary. Consult a qualified lawyer for case-specific advice, as this does not constitute legal counsel.
#GPARemedies #PropertyLawIndia #LegalRemedies
The contention of the respondents is that a registered GPA is a bilateral agreement, therefore, the registering authority does not have any power to cancel the same. ... and the registering authority does not have any power to unilaterally cancel the said GPA. ... The petitioners later intended to sell the said property and for that purpose, executed a Registered General Power of Attorney (for brevity, ‘G....
and the registering authority does not have any power to unilaterally cancel the said GPA. ... The contention of the respondents is that a registered GPA is a bilateral agreement, therefore, the registering authority does not have any power to cancel the same. 9. ... The petitioners later intended to sell the said property and for that purpose, executed a Registered General Power of Attorney (for brevity, ‘#HL_STAR....
The present Writ Petition is filed challenging the action of the 3rd respondent in registering the Deed of Cancellation of Agreement of Sale-cum-General Power of Attorney (GPA) dated 02.07.2015 in th respondent further contended that O.S.No.17 of 2016 was instituted by him for cancellation of agreement of sale-cum- GPA before the learned VI Additional District Judge, Siddipet, which was decreed by its judgment dated 29.03.2019, cancelling the #HL_ST....
The present Writ Petition is filed challenging the action of the was decreed by its judgment dated 29.03.2019, cancelling the agreement of sale-cum-GPA. ... their remedies in the pending appeal.
The present Writ Petition is filed challenging the action of the was decreed by its judgment dated 29.03.2019, cancelling the agreement of sale-cum-GPA. ... their remedies in the pending appeal.
and the registering authority does not have any power to unilaterally cancel the said GPA. ... The contention of the respondents is that a registered GPA is a bilateral agreement, therefore, the registering authority does not have any power to cancel the same. 9. ... The petitioners later intended to sell the said property and for that purpose, executed a Registered General Power of Attorney (for brevity, ‘#HL_STAR....
the principle that the General Power of Attorney was executed for a valuable consideration and the agent had an interest in the said property and therefore the GPA is irrevocable would apply even to the Agreement of sale-cum- GPA dtd. 18/3/2010. ... for validating the agreement of sale -cum-GPA is done in the shape of conveyance. ... Whether a Registered Agreement for Sale-cum-General#HL....
the principle that the General Power of Attorney was executed for a valuable consideration and the agent had an interest in the said property and therefore the GPA is irrevocable would apply even to the Agreement of sale-cum-GPA dated 18.03.2010. ... for validating the agreement of sale –cum-GPA is done in the shape of conveyance. ... Whether the respondent Society has called for a General Body meeting before resor....
The writ appellants have executed unilateral partial cancellation of development agreement-cum-GPA dated 27.02.2005. The development agreement-cum-GPA is originally executed between the writ appellants and the writ petitioner. ... xxxx registration and unilateral cancellation of documents such as Development Agreement-cum-General Power of Attorney under the Registration Act is not permissible in law.” 18. ... #HL_....
xxxx Registration and unilateral cancellation of documents such as Development Agreement-cum-General Power of Attorney under the Registration Act is not permissible in law.” ... The writ appellants have executed unilateral partial cancellation of development agreement-cum-GPA dated 27.02.2005. The development agreement-cum-GPA is originally executed between the writ appellants and the writ petitioner. ... #HL_STAR....
Once the GPA is cancelled, the agent cannot convey a valid title on behalf of the principal in favor of any prospective purchasers and if any sales are made even after cancellation of GPA, the same will be illegal, fraudulent and further such documents cannot confer valid title to them and such illegal sales will not be binding on the defendants. Violation of terms of Development Agreement-cum-GPA is valid reason to cancel the agreement. 2. Whether the Principal can unilaterally cancel the agency by taking recourse to The Indian Contract Act, 1872? Not satisfied w....
1. Whether this application is maintainable in view of Registered Cancellation of Development Agreement-cum-General Power of Attorney, dated 6.5.2010 cancelling the registered Development Agreement-cum-General Power of Attorney, dated 15.3.2007 and Registered Supplementary Development Agreement-cum-General Power of Attorney, dated 26.4.2007? 2. Whether the dismissal of application filed under Section 8 of the Act in IA No. 817 of 2009 in OS No. 227 dated 6.2.2020 can be a ground for dismissing this application? In view of rival pleadings and contentions, the issues that are....
Non-disclosure of reasons in these cancellation deeds clearly suggests that there was no dispute about consideration and the pltf. has become wise about the consideration only on 17.5.96 while sending a letter Rx. has preferred to mention that due to some reasons, the executants wants to cancel these GPA and SPA.
In the absence of any such endorsement and in the absence of any objection for registration in favour of the objection petitioners, there is no way of knowing about the prior litigation or that the documents concerned are cancelled. Therefore, in the absence of any endorsement of cancellation of the agreement of sale-cum-General Power of Attorney in the concerned registers of the Sub-Registrar's office, the agreement of sale-cum-GPA is deemed to be valid and subsisting even as on the date of registration in favour of the petitioners.
Appellant further contended that on 11th November, 2001, respondents along with Balbir singh Rana came to his house and forcibly demanded possession of the house and held out threats to him. Appellant also made allegation in the notice that respondents had called him "chamar" and thereby committed offence under the Untouchability Act. Appellant also claimed that Balbir Singh Rana had taken Rs. 1 lac for the purpose of securing appointment for his brother and the return of said amount was also sought. Appellant claimed that General Power of Attorney, agreement to Sell, Will and rece....
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