you Have to approach legalheirs of vendor to execute sale deed on your or mother favour
2) on demise of your father POA ceases
Recently my father has passed away. My father has a property which is with "agreement of sale cum GPA with position" and entire amount is paid at the time of agreement. When we enquired we came to know that the vendor also dead. Please let us know whether we can authority to register to my or to my mother's name.
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you Have to approach legalheirs of vendor to execute sale deed on your or mother favour
2) on demise of your father POA ceases
This would be now registered in the name of all the Legal Heirs of your deceased father. In case the other legal heirs relinquish their respective shares in this property in favor of the mother, this can be exclusively registered in her name.
1.If the seller is dead then there is nothing to worry.
2.The legal heirs of the sellers are bound to complete the sale and hence the legal heirs of your father can claim to make a deed of conveyance executed and registered in your name.
3.If they refuse you can file suit for specific performance of contract.
Hi, Agreement to Sale is different and GPA is different documents, suppose if your father has agreement to sale then you can ask the legal heirs of the vendor to execute the sale deed in your favor. Suppose if they fail to register the property then you can file a suit for Specific performance of the Contract.
2. If your father has GPA and the Vendor has also died then GPA dies along with that person. So you can't do anything.
Hi, the GPA is dissolved after the death of the vendor .. So it is advisable to obtain a another GPA from the vendor family
It may be noted that on demise of your father the POA will lose its efficacy.
This will now be registered on the name of legal heirs of your father.
Regards
A. You can issue a notice to the legal heirs of the deceased Vendor to execute the Sale Deed in favour your father's legal heirs and to complete this task, you can file a suit for specific performance of contract.
B. Even the Vendor (GPA Executor) died that GPA will not die under Section 202 of the Indian Contract Act,1872 if the GPA executor had created a interest over the Property. In your case, by receiving all consideration amount that deceased Vendor already created a interest over the property. But deceased seller must be executed a GPA in favour of your father by following all the legal formalities which means sufficient stamp duty and registration and the said GPA shall have power delegation towards sale permission.
The legal heirs of the deceased buyer are entitled for getting the property registered on their names by a registered sale deed.
Since the vendor is reported to have died, the legal heirs of deceased vendor are required to execute a registered sale deed in favour of the legal heirs of deceased buyer jointly.
If other legal heirs of deceased buyer would like to get the sale deed registered on your mother's name alone then you all have to execute a registered release deed relinquishing your rights in her favour.
Hi sir, recently someone registered this property from the legal hairs of seller to some other person. So will this registration is valid or will it be invalid?
If the property has been mutated to the same of legal heir then it will be valid and any objection to such same can be made by the legal heirs only.
Regards
File suit to set aside sale deed execute d by legal heirs in favour of third party
Also seek orders to direct legal heirs to execute sale deed in your favour
The gpa is not valid anymore hence the registered sale deed executed by the legal heirs in favour of some third party is legally valid.
1. The title of your father is not clear and marketable as the sale deed has not been executed in his favour. The sale takes place only when the sale deed is executed by the seller in favour of the buyer.
2. You have to find either the seller or his legal heirs to execute the sale deed in favour of the legal heirs of your father.