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SRI KRISHNA   22 August 2020

Agreement of sale-cum-general power of attorney (agpa)

Good morning Sirs

1. Is AGPA a legally valid instrument for transfer of property?

2. Why do parties resort to AGPA even after paying the full

    consideration, when there is a safer and better legal mode of

    transfer of property like Sale Deed?

3. What will happen if the AGPA holder dies, having paid the full

    consideration in respect of the property? In such a case, does the

    property devolve on the legal heirs of AGPA holder on the strength

    of the AGPA?

4. Is AGPA the ultimate document for transfer of property or should

    the sale be formalised by way of a Sale Deed?  If the Vendor dies

    after receiving the consideration and executing the AGPA, who can

    execute the Sale Deed to formalise the sale?

5. Is AGPA illegal in the light of the judgement in Suraj Lamp

    Industries case?

Regards

Sri Krishna



Learning

 1 Replies

Isaac Gabriel (Advocate)     22 August 2020

Agreement for general power of attorney is in vougue and known to law.


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