If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed.
I am buying a property from a Hindu lady who is suffering from Alzheimer’s diseases and given Registered GPA to her daughter. All the payment will go to owners name. Is it safe to register the property through daughters registered GPA. Thanks Shaukeen Pathak
not at all is this sale deed can be challenged at any time because the history of Alzheimer is available with the selling party and any person who is interested in the property can file the case against the sale of the property. you need to wait for sometime when the property is transferred in any others name before you get the sale deed
- If , the said registered GPA having clauses like authority of sell the property , then the GPA holder can sell the property to you.
- Further, you should check , whether the said lady is having her title deed with her or not .
- Further, this GPA is valid during the life time of that lady only. It means after her death this POA will loose its validity.
- Since, all the payment will go the the owners name, hence it is safe to register the property through a registered POA holder.
1. if the GPA was done at the time when the lady was mentally fit then there is no harm in buying this property.
2. However if this lady has got other son or daughter then to avoid future complications make them confirming party or witness to your sale deed.
Kindly check that how many children she has ?
And get court permission for unsound mind person property purchasing as per the contract act it not a valid agreement.
Persons with autism, cerebral palsy, mental retardation and multiple disabilities are in a special situation as even after they have acquired 18 years of age, they may not always be capable of managing their own lives or taking legal decisions for their own betterment. Therefore, they may require someone to represent their interests in the legal areas throughout their lives.
GPA is not sufficient a guardianship certificate must be obtained by her daughter.
Regards
See if the lady is Alzheimer patient then in that case permission from district court need to be obtained by any relative he/she shall be appointed as her guardian then legally that person can register the property to you.
Though in case there is no as such dispute registered GPA is there and Alzheimer is not that server then using same property can be registered through it.
1. If GPA is registered then you can purchase the property subject to the title being free and marketable.
2. Agent can execute the sale for and on behalf of the principal.
Alzheimer's is a progressive disease, where dementia symptoms gradually worsen over a number of years. In its early stages, memory loss is mild, but with late-stage Alzheimer's, individuals lose the ability to carry on a conversation and respond to their environment.
Therefore you may first confirm her present health status and also the status of her illness at the time of executing the registered GPA in favor of her daughter, if she was reported to suffer from this disease and that too in an advanced stage then you may better think it over twice before buying the property.
Yes
The POA given to daughter is duly registered
This means that the grantor owner must have appeared before the Sub registrar for registering the POA
This will take of the aspect that she has Alzheimers since the lady would have signed on the document in front of Registrar who must have ascertained that the executant is in a sound and disposing state of mind while signing
The fact that the consideration will go the owner account despite she having a constituted attorney, also protects you and would rule out any possible foul play by daughter
Dear sir/ madam,
GPA when given to blood relation is safe and shouldn't be a problem in any way . Since the owner in your case has given the GPA rights to her daughter you may go ahead and buy the property after looking into the details of the GPA agreement .
And when this GPA is executed ? Any witness to GPR ? What are her %/level of decease ?
Either ask her to apply to court to declare her mother`s guardian or above conditions are important while dealing with case and purchase of property.