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Validity of irrevocable GPA for property after the death of assignee
22-Jul-2023 (In Property Law)
Case History: In a Hindu Family Tree, Person P has two sons A & B and daughters C,D. All of above married. Age of P is 90+ and he is incapable of physicaly traveling to the sub registrars office to execute a sale deed for self owned properties. So it is to be done either A or B or A&B together. P can issue a GPA as desired. Q1> IF P executes a Irrevocable GPA n favour of A for property 1-10. And A being the Attorney performs sale deeds of properties 1-5 when the principal is alive. In case of death of P, Does the sole right for transactions on remaining properties remains with B?
Absolutely B do not hold any right to sell the remaining properties of P after the death of P. Because General Power of Attorney is valid until the person who executed the same is alive and unless he revokes his GPA. So soon after the death of P all the legal heirs including wife of P along with A, B, C & D will become the joint owner of the remaining properties of P.
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Adv. Jagadish N
Bangalore | 400+ Answers
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