• Joint GPA

A joint without consideration gpa executive in favour of one brother by other three brothers in 2004 for unspecified 3 shops out of total 20 shops . In 2015 one of three gpa donor dies now in 2019 attorney holder execute a sale deed on behalf of that gpa towards his own wife with proper stamp duty but without any sale consideration to gpa alive principals, so my question is :
1. Without consideration joint gpa after death of one donor is still legal ?
2. Without specific mention 3 shops gpa executed but now attorney sale specific front shops so is that legal ?
3. A proper stamp duty paid by attorney for sale deed towards his own wife but not a single penny consideration given to gpa donor principal is that a legal ?
4.one of principal died in 2015 , gpa was without any consideration in blood relation so is that binding on other two alive principals ?
Asked 4 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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21 Answers

for sale deed consideration has to be mentioned . if there is no sale price mentioned sale deed can be set aside by court orders 

 

2) it is necessary to peruse GPA executed to advice further 

 

3) if no sale consideration has changed hands the question of payment of any money to principal does not arise 

 

4) on death of principal GPA executed by him  comes to an end 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Since this agency was gratuitous and not coupled with interest the constituted attorney did not have any interst in the agency created and hence with the death of the Principals the POA ceases to exist.

2. So any act after the death of the Principals is without authority and hence not valid in the eye of law.

3. if if the sale deed is registered and possession is delivered to his wife then file a suit of declaration for setting aside and recovery pf possession is to be filed. 

4. DO it fast as time limit is 3 years only.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. It is illegal a criminal case and suit for cancellation of deed can be filed.

2. That can be seen from language of GPA.

3. No it is not file suit for cancellation.

4. The clauses in GPA for same has to be seen in case undivided interest and GPA joint is there then sale is invalid.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If initial GPA is registered and have given ample rights to GPA holder for execution or development or selling etc. Than he can sell it her consideration is not problem. 

But on what terms and conditions property is given that needs to check.

 

Need to review both GPA than able to guide you properly.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Answer to all your 4 queries is NO.

Kindly hire a good local civil lawyer and take appropriate legal recourse by showing him all the documents available with you.  You have a good case. Go ahead. You are on the right footings.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

It should be with  consideration. 

It's not legal. 

The above transactions are not valid and illegal

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Yes it is valid up to share of 2 brothers, with regard to deceased brother, GPA is invalid.

This depends on language of GPA whether any three shops or 3 selected shops, can be ascertain by the language of GPA.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

No GPA will become Invalid after death of any principal of a GPA. 

First of all the GPA which was executed is not considered as legal because there is no specific shop mentioned in that GPA.

No it is totally illegal because even if GPA holder transfer the property to self he have to give appropriate consideration to owners of that property. Without transfer of consideration the sale could become invalid. 

No it is not binding on other two principals of GPA.

You should file a suit to set aside the transfer of property by GPA holder. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  Upon the death of one of the principals/executors of the GPA deed, the entire GPA deed stands automatically cancelled.

2.  no, it is illegal, this can be disputed.

3. First of all the sale deed transaction itself is invalid and illegal then where is the question of the property getting transferred, this can be disputed properly and get it cancelled.

4. If one of the principals died and the GPA deed is not combined with consideration then the deed stands cancelled or revoked automatically, the holder of the GPA cannot execute any transaction in furtherance.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

On the death of one principal the whole GPA has become infractuous and hence to make in=t effective under the eye of law the legal heirs of the dead brother are required to give a fresh GPA along with remaining brothers.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

GPA would be valid as far as share of other 2 brothers is concerned for sale of property

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

POA is expired with regard to authority given by one brother, for rest two brothers, still valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

GPA only doesn't get invalid by death of principal if the intention of principal was to carry some work even after death. It depends on the averments and intention for which the GPA was executed

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Depends on language on GPA. Rest, it is valid for other two. Irrevocable GPA is valid after death of principal.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

separate  POA can be executed by legal heirs of deceased brother 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

See on demise of the one principal it is not valid for him rest as per language it can be binding on other two who can cancel the GPA vide newspaper publication and notice to the agent,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is necessary to make a new GPA along with legal heirs and for other two brothers.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is necessary to renew the GPA

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

The law on the GPA is that it is automatically stands cancelled or revoked upon the death of the principal hence the same rule will apply for the the GPA executed by more than one principal in favor of the attorney, therefore in the absence of the consent of the deceased principal no decision can be taken by the surviving principals in respect of the share of the deceased principal and the legal heirs of the deceased principal cannot step into this GPA, they can enter as legal heirs of the deceased person in a fresh GPA deed that may be executed by all interested, once again.

Therefore any act done by the power holder under this circumstances will not bind the legal heirs of the deceased principal and the GPA deed itself is invalid due to this reason. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You are absolutely right in your thinking. 

You can visit my previous post in the same thread for more clarification.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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