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How to get father's property registered in my name
22-Mar-2023 (In Property Law)
Hi Sir/Madam There is a property purchased by my dad from GPA holder in 1989 and my dad represent GPA to my mom in 1996 as GPA registered in sub registrar office however my dad passed away in 1997 without writing a will power to my mom. Now Iam her son I need to get registered legally. Property owner who sells us is not tracable. What​ is the best options to get registered to my name. Which deed is preferable gift deed or sale deed. 1) There should not be any problem in future and Bank loan should be provided.
sir, the transfer is from GPA to sale deed is valid if,the gpa executant was alive at that time. your father had availed gpa from the owner of the property. it was limited right to him. As per TP act the absolute title had not been transferred in your father's name. so, again he has no power to execute gpa unless the gpa shown your mother name by the executant in the earlier gpa. so, both the gpas seems to be not valid at due death of your father. if u place all the document in my hands, i can advice u. thanking u.
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Adv. Chandrashekara Reddy K N
Bangalore | 100+ Answers
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What happens if power of attorney holder dies?
Agents are given limited powers that the principal approves. The person whose will has been written holds the full power. In India, the validity of a Power of Attorney ends with the death of either the principal or agent. 10-Apr-2023
Is GPA valid after death of executor?
The gpa is invalidated after the death of the holder or attorney. Owner of property may register sale deeds in favour of sons of attorneys by submitting death certificates of attorney. 02-Feb-2022
How long is a GPA valid for?
The General Power of Attorney (GPA), which is valid until the death of the principal or the attorney, can be revoked at any time. GPAs can be valid for a specific period, such as 1 year, 5 years, or until the transaction or legal task that was performed.
Is it safe to buy property from GPA holder?
Even if a GPA is irrevocable, it can still be revoked. It also expires upon the death of its grantor. Law does not recognize any irrevocable powers unless they are accompanied by an interest. The purchase of property using such a power can be risky and increase the likelihood of complications.
In your case you informed that you father had purchased the property under a Valid GPA. After you taking position there is no dispute with regard to the property till your father existence. As you further informed me that, there is no transfer of his right over the property at the time of his death.
Your mother can transfer the property to her name and then she can transfer to either by gift or by by WILL. For Sale Deed, you need to pay the stamp duty.
Better your mother may apply for Pavathi Katha and once it was transfered then it can be to your name.
Your mother can transfer the property to her name and then she can transfer to either by gift or by by WILL. For Sale Deed, you need to pay the stamp duty.
Better your mother may apply for Pavathi Katha and once it was transfered then it can be to your name.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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