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Is AGPA valid after death of executant
09-Aug-2023 (In Property Law)
Sir My father executed an Sale agreement of sale cum Gpa with possession to some X person in 2006..My father expired in 2007...That X person executed sale deed to some Y person in 2011 and it was mentioned in the document stating that my father was alive on the date of registeration of property to Y person... Now I am the legal heir of my father wants to claim that property.. Can i do that..
hi first we need to see the Agpa which was executed by your father and was there any consideration involved in that document if yes then that GPA would be still valid in force and if not ou could cancel the sale deed executed by that person
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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Can a power of attorney holder sell the property after death?
The Supreme Court ruled that on April 22, 2022, 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. 20 Oct 2023
What if the GPA executant dies?
The Power of Attorney is automatically revoked and rendered ineffective upon the 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.
Is power of attorney valid if the person 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 April 2023
What is irrevocable GPA?
The irrevocable GPA will remain valid until the executant dies, which means that it cannot be cancelled during his lifetime. This GPA will automatically be deemed as withheld and not cancelled after his death. GPA holders must have the consent of their legal heirs.
The power of attorney will remain valid after the death or the executant, if the GPA was executed. You can register the property on the basis thereof.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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