1. Part of an agricultural property in an unauthorised colony in Delhi has been duly registered in the name of Mrs Gupta from the original farmer in 1985. Mr Verma bought the property on GPA in March 2015 which was finally executed by the legal heirs of Mrs Gupta after her demise. Is the GPA legally valid?
Legally speaking the GPA Deed becomes infructuous immediately after the death of the Principal hence the power agent loses all his power after the death of his principal so any transaction carried out by the GPA agent after the demise of his principal shall be invalid in the eyes of law.
2. Mr Verma, holder of the GPA expired due to sudden heart attack in May 2015. He has left behind his wife, a son and a daughter.
The GPA deed extinguishes upon the death of the power agent too, the heirs of the power agent are not entitled to any power upon the agent's death.
3. There is no will executed in the name of the legal heirs. The documents available are the original registry, Death Certificate of Mrs Gupta, original GPA in the name of Mr Verma.
When the GPA deed is invalid in the eyes of law, what else is the question about.
4. Now, can the only son of Mr Verma along with his wife and daughter sell the said property on GPA? (since the GPA is said to expire one the death of the testator or the holder)
Once the GPA holder is died there is no question of power being carried over to his heirs, it becomes invalid.
5. Who is the legitimate owner of the property now?
If the principal is alive, the principal will be the owner or upon the death of the principal the legal heirs of principal will be the owners.
6. Who can sell the property now and how?
If the principal is alive, the principal can sell or upon the death of the principal the legal heirs of principal shall dispose the property.
7. Since only GPA is allowed in Unauthorised colonies, I can only purchase the property on GPA from the family of the deceased person. Should I go ahead with it?
Don't purchase it from the heirs of GPA, but you can buy it from the heirs of the original owner.
8. The legal heirs of the previous registered owner (Mrs Gupta) are staying abroad and are not likely to execute the GPA again in anybody’s favour.
What is your botheration about it, you can buy it from original owners only and not from third party.
9. But despite all these complications, I am interested in the property. Please suggest me a viable alternative .
You will be digging your own pit. Better consult a local lawyer and take his opinion before buying it.