How t convert GPA into a sale deed if the owner is dead
17-Jun-2023 (In Property Law)
Hi, gpa full form in property? we have got GPA which is in my mother's name now, earlier it was by the name of my mom's brother, this GPA was executed in the year 1980, it has been long we never bothered to get it converted into sale deed. Now for selling purposes, we want to do it, however, he is not alive anymore, he has passed away long back and we are unable to find the old chain through any means. Could you suggest the best possible way please?
Before selling the property , you will need to get a sale deed executed and registered with the sub-registrar in the name of the current owner. If the GPA provides the attorney (i.e. your mother) with the power to sell / dispose off the property, this process can be completed now as well. The property documents need to be examined to provide holistic advice. You should consider taking an appointment with the relevant sub-registrar with the help of a broker and seek his advice as well.
What happens if GPA holder dies?
A. Power of Attorney automatically revoked after death of GPA holder. Even if the GPA holder is still alive, the owner can always exercise his right to register the property. GPA does not pass through the generations, so GPA holders legal heirs are not entitled to anything.
How do I convert my GPA to registry?
How do I register GPA in India? The Sub-Registrar is responsible for the registration of GPAs in India. The GPA must be printed on stamp paper with the appropriate value in India. The principal and the GPA holder must visit the subregistrar office to register the GPA.
Can a GPA holder do sale deed?
Can a GPA holder register and sell a property? A GPA holder cannot sell a property for the owner, even if they have registered a GPA with the SRO. The Supreme Court of Indias 2011 judgment emphasized this and invalidated categorically the sale of property via GPA.
Can a registered GPA holder gift the property?
You can transfer property via a registered gift deed if the GPA deed contains the necessary authority. However, it must specify who can be the recipient of the gift deed. You may not be allowed to make the gift deed you want if there isnt a recital like this in the GPA.
A GPA is a valid document that entitles the person in whose favour it is made to transfer the property to anyone and in any manner as he may deem fit. If you have a will or and Agreement to Sell executed in favour of your mother then that will amount to a valid transfer of property. If not, the sale of property cannot happen without proper authorization from the GPA holder. To see exactly what kind of rights were already vested with your mother in the property and what more can be acquired, I'll have to see all property documents you have.
Hello, GOA is only a authorisation given to someone else to make the sale deed on his behalf, it is not a substitute to sale deed. Only purpose which GPA does is since the owner is not able to perform some works on his own so he is authorising someone else on his behalf like signing sale deed, collecting money from sale proceeds etc. GPA doesnt give the ownership or possession of the priperty so GPA can not be converted to sale deed its a seperate document all together. Now since the person giving GPA has been passed away now the property will be divided differently.
You cannot transfer property using the Agreement of Sale cum GPA if the original owner is deceased. Instead, ask the legal heirs to execute the deed of sale in your favour.
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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