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Validity of GPA holder when executer demise


07-Jun-2025 (In Property Law)
I purchased one property in 2011 from a GPA holder who has paid fully amount to executor in 1990 , i want to know my sale deed is invalid or not , because the GPA executer was demised in 1997 . If still GPA has authority in this, pl furnish supreme court or any high court order on such cases
Answers (1)

Answer #1
899 votes
The validity of your sale deed depends on various factors, including the terms of the General Power of Attorney (GPA) and the applicable laws. Here's a general overview: *GPA's Validity After Executor's Death* - *General Rule*: A GPA typically ceases to be valid upon the death of the principal (executor), unless it is an irrevocable power of attorney or coupled with interest. - *Exception*: If the GPA is registered and specifically mentions that it is irrevocable or coupled with interest, it might continue to be valid even after the principal's death. *Relevant Court Judgments* - *Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana (2012)*: The Supreme Court held that a GPA cannot be used to transfer ownership of immovable property. Instead, a registered sale deed is required. - *R. Rajagopal Reddy vs. Padmini Chandrasekharan (1995)*: The Supreme Court ruled that a GPA can be revoked by the principal, and it ceases to be valid upon the principal's death, unless it is irrevocable or coupled with interest. *Your Situation* - *Sale Deed's Validity*: Given that the GPA executor passed away in 1997, and the sale deed was executed in 2011, the validity of the sale deed might be questionable. - *Possible Outcomes*: The sale deed might be considered invalid if the GPA was not irrevocable or coupled with interest, and the executor's death terminated the GPA. *Next Steps* - *Consult a Lawyer*: It's essential to consult with a lawyer specializing in property law to assess the validity of your sale deed and determine the best course of action. - *Review the GPA and Sale Deed*: Carefully review the GPA and sale deed documents to understand the terms and conditions. By seeking professional guidance, you can better understand your rights and options regarding the property.
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