My family is planning to buy a 900 sq. yard plot. It’s owned by two brothers, both living abroad. One brother is coming to India with a registered General Power of Attorney (GPA) from his brother. He also has a letter of consent and NOC granting him full rights to sell the property. Can all the sale proceeds be directed to the GPA holder’s account? Is there any Supreme Court ruling that clarifies this?
Best Answer
Under Indian law, a GPA holder can act on behalf of the grantor, including selling property. The letter of consent and NOC, combined with the GPA, likely grant the brother authority to sell the plot. However, the sale proceeds must be distributed according to the ownership share of both brothers, unless there is a specific agreement directing otherwise. There is no specific Supreme Court ruling addressing this scenario, but general principles of property law apply.
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