• Can wife and son of deceased person (GPA holder) sell property?

Can the wife and son of a deceased person(GPA holder) sell a property on GPA without will?

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?

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. 

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.

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)

5. Who is the legitimate owner of the property now?

6. Who can sell the property now and how?

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?

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.

9. But despite all these complications, I am interested in the property. Please suggest me a viable alternative .
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) GPA ceases on death of the holder of power of attorney 

2) on death of Mr Verma his wife and children cannot sell the property

3) the legal heirs of mrs Gupta should execute sale deed in favour of mrs Verma and her children 

4) the owners of propert are mrs Gupta legal heirs 

5) don't purchase property in unauthorised colonies 

6) wait for regularisation of the colony 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Hello,
1) As thou rightly understood, GPA ceases to be if any value once the holder dies. Therefore the legal heirs of Mr. Verma cannot make any transfer on basis of the GPA.

2) If the property has been registeted in Mr.Verma's name his legal heirs can make a sale. It is pertinent to know and peruse the sale deed to have a better view.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
After the death of power of attorney holder the property right devolve on legal heirs of  Mrs Gupta.They have only right to sell the property.By the laws, a power of attorney expires on the death of the principal. Mr.Vermas legal heirs have no right over the property 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. The GPA executed by the legal heirs of the owner of the property is perfectly valid,

2, 3 & 4. After the death of the GPA holder,her children or legal heirs are not authorised to sell the said property,

5 & 6.The title of the property has not been transferred by Mrs. Gupta and the title of the property still stands in her name. She had just given GPA to Mrs Verma which became non existant after the demise of Mrs.Verma. Mrs Gupta only can sell the said property,

7 to 9. Mrs. Verma's legal heirs can not sale you the said property. Only the legal heirs of Mrs. Gupta can sell the said property. There is no other acceptable alternative.

6.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
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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.

T Kalaiselvan
Advocate, Vellore
13972 Answers
127 Consultations
5.0 on 5.0
1. The GPA ceases to have any legal force after the demise of the principal.

2. The GPA executed in favour of the owner ceased to have any validity after his demise. 
As a corollary thereto, it cannot be the founding instrument for transfer of property. However, his heirs i.e her children and widower are at liberty to transfer the property unless he made a will to the contrary. 

3. After the demise of Verma his legal heirs, in the absence of a will, succeeded to the property. They can apply for mutation and then sell the property as legal heirs.

4. The legal heirs of the previous owner have no legal role to play now.

5. All the heirs of the demised owner have to execute the GPA in favour of the principal.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hi
Your only option is to ask the legal heirs of principal to execute another GPO since it is unauthorised land sale deed cannot be executed 
The GPO executed is not a proper document to transfer title since the GPA holder died intestate/ without any will or testamentary documents
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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