• GPA validity of expired person

My grandfather has one acre of land. He executed a agreement of sale cum GPA to some person X.
He expired on some date D. On the same date D the person X registered the property to some other person. Will the above registration valid? I am thinking that the registration is not valid since it is done on the same day when my grand father expired
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

He have Agreement to sale so you as a heir will need to make sale deed in his favour. But on the basis of GPA and Agreement to sale he cannot sale the property to someone else.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Since the sale is coupled with consideration sale deed executed by GPA holder is valid

2) I presume GPA is duly registered

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

With the death of principal GPA get expires but this depends on the nature of GPA executed. Where revocable or irrevocable, If irre. POA for valuable consideration creating agency on the subject matter ( property ) than its valid.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

An attorney holder's rights automatically get extinguished upon the death of the executor.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See in normal circumstance the registration is not valid if done after demise of grand father as the GPA is no more valid,

Also case there is agreement to sell and amount was received it is responsibility of the legal heirs of grand father to register the said property in name of the buyer.

Since there is such provision under Indian contract Act the transfer can be valid even after death but the complete even transaction in that case has to be seen. Further in my opinion in this case GPA wont be invalid as since the agent had interest in property so by view of below given provision the GPA and registration is not invalid.

202. Termination of agency where agent has an interest in subject-matter.—Where the agent has

himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the

absence of an express contract, be terminated to the prejudice of such interest.

Illustrations

(a) A gives authority to B to sell A‟s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot

revoke this authority, nor can it be terminated by his insanity or death.

(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton,

and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his

insanity or death.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If gpa was granted in lieu of consideration then gpa does not come to end even after demise of grantor

If gpa granted without any monetary consideration then it automatically comes to an end on demise of grantor

So first check that

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Civil Court has to try the issue and give finding on the basis of evidence. There is more chances to decide in your favour because if your grandfather intended to sell then he himself would have executed the sale. The GPA sales are banned from 2011 by SC. The law is as follows.

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No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The registration may be valid if not revoked.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hi, as per law GPA dies along with that person so any act done by the agent after his death will not valid one.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

This GPA is clubbed with consideration.

After the death of the principal, the power of attorney deed automatically stands revoked and the agent has no power to continue with that anymore.

However an irrevocable power of attorney when clubbed with the interest of the power holder then it is valid to that extent alone even after the death of the principal and not beyond that.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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