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Irrevocable GPA given to Builder valid after the death of executant


04-Apr-2023 (In Property Law)
Dear sir/Madam, I recent purchased a flat and the builder has entered into a joint development agreement with the Land owner and got a irrevocable GPA to sell his 68% share until all his units are sold. Now the land owner has died and is the GPA still valid and builder can sell his untis without consent of the land owners legal heirs? Please advice.. Thanks selva
Answers (3)

Answer #1
683 votes
power of attorney dies along with the person the builder should go for a fresh Gpa from his legal heirs looking into that if their is any partition in the family and the land owner have made any will or codicil and then he can transact with, the builder if he transacts with the old GPA the same is bad in law

Answer #2
864 votes
Mr. Selva, when GPA executed in furtherance of any agreement/s like agreement of sale, Joint Development agreement, etc., the rights, etc., authorized by the by the executant will not abolished as the said authorization is always subject to the agreement annexed to it. In your case, it is irrevocable GPA coupled with JDA, that does not disqualifies the agent from conveyance and the shall be valid till the conveyance of developers share to the prospective purchaser/s.
Answer #3
531 votes
Dear Sir/Madam, irrevocable GPA is valid until and unless up to death of his executant, it means the GPA cannot be cancel of his in life time. After death of him, that GPA automatically stand as withheld not at all cancelled in this matter. The GPA holder has to be taken consent of legal heirs.

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