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
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 5 years ago in Property Law
Religion: Christian
14 Answers
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
Not GPA but WILL. GPA will expire on parents death.
Thanks for the clear and quick steer... much appreciate!
Asked 5 years ago
Welcome & best of luck
Thanks for your appreciation
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.
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.
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.
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.
Get a will drafted and register same with the sub registrar it will be efficient and protect rights of all.
The GPA is valid only till the date of death of the father.
Better execute registered will.
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.
You are welcome for your appreciations.
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.
