• Irrevocable GPA for property is valid after death of assignee

irrevocable GPA  for property is valid after death of assignee 
i was made irrevocable GPA last year in sept. 2015. now i am not able to execute SALE DEED because of said land is not surveyed by govt and not allocated KJP(KabjaPatti) for said documentation process taking another 4 months.  irrevocable GPA   assignee is aged can i register Agreement of Sale for safer side.or any other way out to protect my investment till SALE DEED.
Asked 3 months ago in Property Law from belgaum, Karnataka
Religion: Hindu
1) if power of attorney is coupled with consideration it does not come to an end on death of the principal 

2) section 202 of contract act provides that if power of attorney is coupled with consideration then it is irrevocable 

3)       
                                                                                                                                                                                                                                                                                                                                                                                                                                                                     
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
                                                                                                  
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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Hello,
1) If you are the GPA holder you are the assignee and the person who assigned POA to you is the Principal. The GPA though irrevocable becomes ineffective on the death of the Principal.

2) While the Principal is alive, you can go ahead with registration of the Sale Deed, provided the Registrar has no objections with regard to the registration without  KJP(KabjaPatti).

3) The chances of alternate remedy would depend on the existing document of the property and the relation you have with the Principal(whether blood relative/stranger) etc.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) As you have already paid the consideration in full, enter into an "Agreement to Sell" with the Principal with clear indication of the schedule of payments made and an undertaking from the Principal that he will co-operate with the Registration of the Sale Deed when the  KJP(KabjaPatti) is ready and available.

2) In case the Principal passes away before you are able to get the Sale Deed registered, you can hold his legal heirs responsible to represent him for the Registration of the sale Deed on his behalf.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Enter into agreement for sale take possession of property as full consideration paid 

2) it should be mentioned in sale  deed that it would be regd on availability of survey number 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
A GPA is irrevocable f the power given to the attorney is coupled with an interest. Whether or not there is an interest is necessarily a question of fact which can be decided only after a perusal of the document in question. In case interest was to pass only on final payment and the POA has not created any third party interest,revocation could be possible. Consult a lawyer personally with a copy of GPA.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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irrevocable GPA  for property is valid after death of assignee 
i was made irrevocable GPA last year in sept. 2015. now i am not able to execute SALE DEED because of said land is not surveyed by govt and not allocated KJP(KabjaPatti) for said documentation process taking another 4 months.  irrevocable GPA   assignee is aged can i register Agreement of Sale for safer side.or any other way out to protect my investment till SALE DEED.

It is revocable or terminable at any time unless made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee.  So, power of attorney does not convey ownership.
Honble Apex Court dealt with is whether immovable property can be legally transferred or conveyed through a General Power of Attorney, Agreement to Sell and a Will?
The Honble Apex Court noted that such kind of Indirect Sales adversely affected the economy, civil society and law and order, such transactions enable persons with undisclosed wealth/income to invest their black money and also earn profit/income, thereby encouraging circulation of black money and corruption.

As per Section 54 of Transfer of Property Act, a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. The Honble Apex Court in many earlier judgments after recognizing various provisions of law has held that a contract of sale at the most creates a fiduciary character of the personal obligation and is annexed to ownership but does not in any way amounts to an interest or easement therein. Therefore, transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. Any contract of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of sections 54 and 55 of TPA and will not confer any title nor transfer any interest in an immovable property. According to TPA, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of TP Act enacts that sale of immovable property can be made only by a registered instrument and an agreement of sale does not create any interest or charge on its subject matter.
So you decide what to do.


T Kalaiselvan
Advocate, Vellore
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127 Consultations
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I was already talked with Registrar he told me said property details not display in our registration software because of non KJP(KabjaPatti) / no AAKAAR allocated/ government Survey not done.
give me alternate remedy principal is stranger i was already realized full consideration amount to him.



You have to locate him and get the sale deed executed n your favor immediately or else you cannot legally claim the ownership of the property.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0

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