POA ceases on death of principal unless coupled with consideration
2) if your father has received money from builder and he executed POA it does not cease on his death
3) terminate development agreement
4) revoke POA
5) contact local lawyer
Sale and GPA executor died
Hello, My father, sister and myself has individual land next to each other. Out of which my father's share is almost 50%. We three entered into agreement through sale cum GPA with a builder in 2015. Builder promised to complete the project in 46 months plas 6 months grace period. And that time limit is barred from august 2020. Also the builder applied for plan renewal. And the permission was not approved as the builder and land owner have to execute renewed mortgage deed. Builder was not doing the change of mortgage deed. Don’t know what the reasons are. My father also sent him legal notice to the builder to comply with all the rules and agreement. Still the builder did not agree to it. Recently my father died. Will the GPA still valid? What options do we as his legal heirs have to question the builder and to make him to comply as per the development agreement. Any help is appreciated. Thank you.
Asked 11 months ago in Property Law
Religion: Hindu
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8 Answers
How much stamp duty paid on GPA. if 3-4% of the rate of property than GPA is biding on his legal heirs.
Language of GPA is important.
Kindly check the Termination clause of the GPA. And legal heirs has the rights in the father's share equally after him.
Hi, Normally Power of Attorney dies along with person. It is better you have to issue legal Notice to the Builder whether you are interested in continuing with him or need to cancel the same.
2. Normally, you can't cancel the GPA. But you can start bargain with the builder.
- As per law , after death of GPA holder , the Power of Attorney became inoperative and revoked automatically.
- Hence, after the demise of your father that GPA revoked , and being the legal heir you can enter a new agreement with the builder.
- Further, if the builder not complete the project within the period which is mentioned in the agreement , then you being the legal heir can also terminate the agreement .
- However, you should go through the agreement clauses before cancel the agreement.
You can file a suit for specific performance against him and recover damages also can compel him to comply with conditions of agreement
No GPA is not valid after death of father. On death of father his GPA automatically stand cancelled. In your case it was sale cum GPA so though GPA stand cancelled but by virtue sale right of builder may stand remained intact. Sale cum GPA is required to be examined in order to ascertain the legal position. Subject to terms of sale cum GPA you and your sister can assert your right including share of father in the light of said sale cum GPA.
As the builder breached the contractual agreement clauses, you have the rights to terminate the contract and also can sue the builder for the damages he caused due to this.
If you want to continue with the same builder for all further activities as per the agreement, you can file a suit for specific performance seeking specific relief failing which the court may pass necessary orders as deemed fit to the circumstances.
If the GPA is clubbed with interest then it may not be revocable, besides it is clubbed with sale agreement, then you may have to cancel the agreement as well as the GPA by executing a cancellation deed, however if the builder is not cooperating then you may have to approach court of law for the needful.
