• GPA

If X the owner of the property executed a GPA in favour of his son Y. And Y entered into an agreement with Z to build the property in exchange of 2 floors and some consideration amount was received by Y from Z as per the agreement in the lifetime of X. 

Z constructed the building and when he approached Y for the sale deed of 2 floors , he was informed X died during the construction period . Now my question is, Z has done his part of the contract, on the demise of X, will GPA be valid so that Y could execute sale deed in favour of Z?
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu

Dear Sir, kindly note that GPA is still valid in respect of the property

Mayank Sapre
Advocate, New Delhi
253 Answers

5.0 on 5.0

The party Z will have to approach the legal heirs of X to jointly execute a Sale deed in respect of Z's portion of the property under the development agreement as the GPA executed in favour of Y by Z ceases to be valid in law due to the demise of X.

Unless the property belonged absolutely to X and he had during his lifetime made a will or settlement of the property in favour of Y, in which case Y will then be entitled to succeed to X's right in the property and hence execute a Sale deed in favour of Z, as required in terms of the development agreement

Chandra Pal Singh
Advocate, Bangalore
13 Answers
3 Consultations

4.0 on 5.0

GPA is still valid but due to sad demise of X, now X's legal heirs will execute sale deed in favour of Z.

if they refuse, he can approach the Court

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

POA ceases on death of principal unless it is coupled with consideration 

 

 

2) if on basis of POA development agreement was entered into by the son it would  be binding as some consideration was paid by Z 

 

3) Y can execute sale deed in favour of Z 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

GPA would cease to exist after death of the principal.

But, in this case, legal heirs of x have to execute sale deed in favour of Z as the agreement was executed during the lifetime of X and would be fully binding on them. 

Issue legal notice to them to get the same registered in Z's name.

If they do not adhere, Z will have to approach court.

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

GPA has been expired but now X legal heirs are bound by the agreement and they will execute sale deed with Z.

Yogendra Singh Rajawat
Advocate, Jaipur
18590 Answers
22 Consultations

4.6 on 5.0

Well in general circumstances a POA comes to an end with the death of the principal.

However there is an exception when the agency made is coupled with interest.

In that case the interest of POA holder does not extinguish totally and now the Legal heirs of X are bound to make a fresh a POA containing the same terms and conditions and execute all the deeds and things which were mention in the original POA. 

Devajyoti Barman
Advocate, Kolkata
19620 Answers
278 Consultations

5.0 on 5.0

Dear Client,

You need to tile a Suit for Specific Performance on the Basis of the Agreement. 

 

Jaswant Singh
Advocate, Gurugram
666 Answers
2 Consultations

4.8 on 5.0

Yes gpa also valid after the death if the intention is not fulfilled for which it was executed

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

Yes, agreement could get executed as he was the one who make the contract with Mr. Z and now Mr Y is absolute owner of the property after demise of his father. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

The GPA was given to the son. He is the natural heir. Even if the father died he became the owner of the property. A fresh contract can be drawn at this stage including all the heirs and a contract made again wherein the builder has to perform his part of the contract although the share may vary.

The father died and therefore the GPA lapsed.

Regards 

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

See GPA is not valid but the agreement done on behalf of X shall he valid and bimding on legal.heirs of X so he can file a suit of specific performance to transfer the flat.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

GPA is valid. 

The agreements remains vaild upon the death and has to be completed by the legal heirs of the deceased.

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

Dear Querist

if there is only GPA than no, after the death of X, GPA is no longer valid but being the son and GPA holder of the X, Y have right to full fill the proceedings of the sale Deed as per Agreement which was executed in the life time of X and Y is bound to perform his part being a GPA Holder of X at the time of Execution of Agreement.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5590 Answers
264 Consultations

4.9 on 5.0

Where a GPA is entered into on a sufficient consideration whereby an authority is given for the purpose of securing some benefit to the agent of the authority such an authority is irrevocable. 

However the GPA given to his son may not be for any valid consideration, hence he cannot execute a sale deed in favor of Z as his father's power agent, he can gather all the legal heirs together and can execute a joint sale deed.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

X legal heirs are liberty to file suit set aside sale deed as on demise of X POA executed in favour of Y ceases 

 

POA was not executed by X in favour of Y for consideration 

Ajay Sethi
Advocate, Mumbai
74625 Answers
4464 Consultations

5.0 on 5.0

1.  The GPA deed stands cancelled automatically upon the dearth of the principal, however the Y being the legal heir of deceased principal i.e., X, he along with other legal heirs can jointly honor the commitment.

2.  If Y executes a registered sale deed in favor of Z especially in the capacity of power of attorney holder after the death of the principal, then this may be considered as invalid, this can be challenged by other legal heirs of the deceased principal.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. GPA shall not be valid all the legal heirs of X has to execute sale deed or give GPA.

2. It will not be valid since the complete consideration is received then the legal heirs of X has to execute the deed. Y has no right to execute the deed after the demise of X.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Now sale deed can't be executed in favour of X,  but it will be in favour of his heirs. Yes it will be valid if the arrangement is made in aforesaid manner

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

GPA would cease to exist on the death of the owner.

All the legal heirs of X would have to execute sale deed in Z's favour.

Y cannot execute sale deed alone.

Siddharth Jain
Advocate, New Delhi
5448 Answers
61 Consultations

5.0 on 5.0

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