Person who gave GPA died is the GPA valid now to transfer property?

640 votes

No that's not possible . An attorney holder's rights automatically get extinguished upon the death of the executor. You should call
Upon the class I Legal heirs to execute a fresh power of attorney in your favour . In fact a property cannot be transferred at all by a GPA. If he has given u a GPa , you can use the said Gpa to sell the property to some one else, if it authorises you to do that . but then it can't be used to sell it to yourself .

Advocate Augustine Chatterjee LawRato

928 votes

No. Normally alongwith GPA there is Will which will help u in getting the property mutated. If GPA is registered then u can also go for declaration. Pl beware of document writers who use illegal means to register this kind of property.

Advocate Rajesh Rai LawRato

660 votes

The answer to the said query is contained in illustration given to Section 202 of the Contract Act, 1872, and the said provision with its illustration reads as under:-
"Section 202. Termination of agency, where agent has an interest in subject matter.- Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.
Illustrations
(a) A gives authority to B to sell A?s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death.
(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death."
The object of giving validity to a power of attorney given for consideration even after death of the executants is to ensure that entitlement under such power of attorney remains because the same is not a regular or a routine power of attorney but the same had elements of a commercial transaction which cannot be allowed to be frustrated on account of death of the executant of the power of attorney.
In view of the aforesaid settled position of law, in case the GPA has been executed for consideration, the power of attorney is valid even after the death of the executant and you can still get the property registered on the basis of said GPA. There are number of judicial precedents in which said law has been laid down.

Advocate Vineet Chadha LawRato