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Can GPA holder transfer property through will?
28-Apr-2023 (In Property Law)
I have a few questions to askn1. The agreement of sale was executed in the year 2000 and today is 2022 so can the parties execute the sale deed today? Or is there any time limitation to executing that paper? There is one condition mentioned in that Sale Agreement that "this agreement can only be registered after the death of first-party" and first party died in the year 2006.2. Can GPA holder transfer property through will? As I asked in the first question he made a sale agreement, GPA and will and first-party got this property through gpa so can GPA holder transfer property through will?n3. In that will only 1 witness was mentioned and his name and father's name were mentioned in that will no address or other identification is mentioned so is that will valid?n4. In that general power of attorney 2nd party photo is taken from the backside and photo is not visible he was just turning his face to the backside and the photo is taken and this photo is from someone's marriage album so the
Yes GPA holder can make WILL of that property,
Secondly, that sale deed cannot b executed today as limitation to execute is upto three years, just by writing after death isn’t admissible in case of ATS. Need clear facts to assist you better .. thanks
Secondly, that sale deed cannot b executed today as limitation to execute is upto three years, just by writing after death isn’t admissible in case of ATS. Need clear facts to assist you better .. thanks
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Adv. D. Khan
Delhi | 500+ Answers
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Can a GPA holder execute will?
The GPA-holder cannot transfer property through a will. 3. The Will executed by a power agent is invalid under law.
Can GPA holder register property in his wife name?
In various judgments, the Supreme Court of India clarified that a GPA-holder could not execute a deed of sale or transfer ownership using their GPA. These transactions will be considered invalid and unenforceable. Direct property transactions are preferred. 8 Jun 2021
Can a registered GPA holder gift the property?
You can transfer property via a registered gift document if the GPA deed contains the necessary authority. However, it must specify who can receive the gift document. You may not be allowed to make the gift deed you want if there isnt a recital like this in the GPA.
Can sale deed be executed by power of attorney?
SC: Holders of power of attorney cannot sell property without being authorised. The Supreme Court ruled that those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 24 Nov 2023
There is a limitation to execute sale deed unless the agreement mentions in contrary. GPA holder cannot transfer the property on will as the transfer is made between the owner of the property and the purchaser. Who does it have the title of the property that person cannot transfer the property by any means.
GPA is just the power of attorney and not the transfer of ownership rights.
GPA is just the power of attorney and not the transfer of ownership rights.
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The GPA must be stamped and registered before the holder of the GPA can execute the deed. The registered owner is the only person who can sign a GPA that empowers the holder to execute any type of transfer or deed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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