Will has to be attested by 2 witnesses
2) Will is not valid
3) GPA ceases on death of principal
4) further registered GPA is necessary to execute sale deed on behalf of principal
Can GPA holder transfer property through will?
I have a few questions to ask 1. The agreement of sale was executed in the year 2000 and today is 2022 so can the parties execute the sale deed today? Or is there any time limitation to executing that paper? There is one condition mentioned in that Sale Agreement that "this agreement can only be registered after the death of first-party" and first party died in the year 2006. 2. Can GPA holder transfer property through will? As I asked in the first question he made a sale agreement, GPA and will and first-party got this property through gpa so can GPA holder transfer property through will? 3. In that will only 1 witness was mentioned and his name and father's name were mentioned in that will no address or other identification is mentioned so is that will valid? 4. In that general power of attorney 2nd party photo is taken from the backside and photo is not visible he was just turning his face to the backside and the photo is taken and this photo is from someone's marriage album so the image is acceptable or not is that gpa valid or not?
Asked 2 years ago in Property Law
Religion: Sikh
11 Answers
1. The agreement of sale is valid only for three years from the date of its execution, however if the entire sale consideration has been received by the seller and the possession has been handed over to the buyer then the execution of sale deed can be made at this stage too.
2. GPA holder is not the owner of the property nor the power deed confers the title to the power holder hence any Will to transfer the property by testamentary disposition by the GPA holder cannot be considered as a valid document nor a transfer can be effected by such invalid Will.
3. No, the Will without 2nd witness is not valid.
4. It is a fictitious and sham document created for the purpose of having wrongful gains by playing fraud.
1. The sale deed may be executed and registered at any time now.
2. The GPA - holder cannot transfer the property by means of a Will.
3. The Will executed by the power agent is invalid in law.
4. The identity of that person should be unquestionable.
Yes they can but they need to pay penalty of stamp duty and registration.
Yes he can transfer it through will
It requires 2 attesting witness in a will
4. All these facts will be challenged by other side who will oppose your will in future
1. Sale deed can be registered till this with the consent of both the parties. It is that the stamp duty for registration of search shield would be paid at the current Circle rate.
2. No. The honorable supreme Court of India has held that any transfer of property by any instrument other than sale deed is not valid and legal enforceable in Suraj lamps judgement.
3. Two witnesses are mandatory for a will to be valid so that will would not be valid.
4. The contents of the GPA needs to be perused to in order to give you more concrete advise whether the same is admissible or not.
There is one more point in that agreement of sale only the seller signs that document but the buyers' signs are not there and the property was taken by three parties and out of three, one party already died in 2013 so is that agreement to sale is valid? and out of 3 parties, only 2 parties are in possession of that property. So is that agreement to sale is valid?
Asked 2 years ago
Agreement for sake has to be signed by both the seller and buyers
2) if agreement is not signed by buyers agreement is not valid
Agreement is valid even after death if not disputed by any legal heir in court
By mentioning agreement to sale are you referring to sale deed or sale agreement?
In the event of the sale agreement executed by a registered document then the legal heirs of the deceased buyer has to be included as necessary parties to the sale deed that is to be executed subsequently.
In any case the sale agreement is valid and cannot be unilaterally cancelled by the seller without the consent of the buyers and the legal heirs of the deceased buyer.
Dear Client,
the GPA holder cannot transfer the property through will. Will needs to be attested by 2 witnesses.
Thank You.
1. The limitation period of the execution of sale deed is three years from the date of agreement.
- Since, the agreement to sale was made in 2000 ,then its limitation period is till 2023 in the same month which is mentioned in the agreement.
Further, after the death of first party , his legal heirs are under obligation to execute the sale deed in the name of second party.
2. No, a GPA holder cannot transfer the property
3. Even this WILL having no legal value in the eye of law, specially if the property transfer has not been taken place.
- Further, for a valid WILL , there must be two witnesses.
4. Not valid.
If both the parties and the witness have not signed the agreement to sale then the same becomes invald.
Regarcs d
