• Can a GPA replace a property will

Is a GPA made by father/mother naming (any) one of the siblings as the executor and the rest as the successors - along with the split math included in the GPA - is good enough and a WILL is not necessary - in fact heard is much better than a WILL being made out? 

***Is it true?***

Any steer/ guidance is appreciated and thanks much in advance.
Asked 2 years ago in Property Law
Religion: Christian

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14 Answers

GPA ceases on death of principal ie on your father demise GPA comes to an end 

 

2) your father should execute will 

 

3) have it attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

You need to prove that the said gap was the last wish of the said testater and there is no other will present other than the gpa

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Not GPA but WILL. GPA will expire on parents death.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Welcome & best of luck

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Dear Sir,

When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

1. A GPA shall be legally valid only during the lifetime of Principal and when once the Principal dies it's just like a piece of paper and it's legally invalid.

2. Whereas, in the WILL executed by the testator, it takes effect after the death of the executioner of the WILL.

Shashidhar S. Sastry
Advocate, Bangalore
3770 Answers
225 Consultations

5.0 on 5.0

A General Power of Attorney (GPA)  made by an executor (in your case - father/mother) in favour of anybody is valid only during the lifetime of the executor and hence the person in favour of whom the GPA is executed, will not have the authority to act on the document after or upon the death of the executor.

 

Hence a Will made by either of your parents either jointly of singly, appointing  one of the siblings as the executor and the remaining children as the successors - along with the split math included, will be the best way forward.

Chandra Pal Singh
Advocate, Bangalore
13 Answers
4 Consultations

5.0 on 5.0

Sir GPA is not valid after demise so will is necessary in this case,

No after death of person making a power of attorney the POA is not valid as per contract act. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Get a will drafted and register same with the sub registrar it will be efficient and protect rights of all. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

The GPA is valid only till the date of death of the father. 

Better execute registered will. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

A GPA deed is not a title document.

The power agent on whose name the GPA deed is made, may  be able to avail the property for himself, he can transfer the property to any third person on the basis of the authorisation through this GPA deed.

Further the GPA is not valid after the  death of the principal, hence GPA is not an alternative for a Will or for transfer immovable property after the lifetime of the owner of the property.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You are welcome for your appreciations.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Dear sir

GPA and will are different from each other as GPA can be executed by executor if the person in living and will is executed after the demise of the person who made the will. 

 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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