General power of attorney valid after father's death
feathers
(Querist) 17 May 2012
This query is : Resolved
My father bought a property in delhi through general power of attorney as the locality in which that property is located is not legalised by delhi govt. Some days ago govt issued a list of colonies which will be regularised soon, that list includes the name of our locality. Since the GPA is in my father name and he expired two years ago, can we(legal heirs) are able to registered that property in our name if delhi govt issues registry of those property located in colonies which are supposed to get regularised soon..Also some of gpa documents does not have my fathers signatures, but signatures of person who sold it to my father are present in all requisite places . Please throw some light on this.
Deepak Nair
(Expert) 17 May 2012
The transfer of property through GPA from October 2011 is declared as illegal by the government.
Since it is more than 2 years old, you are required to convert it into freehold and get mutated in your name.
Deepak Nair
(Expert) 17 May 2012
Please consult a local lawyer for professional services.
Adv.R.P.Chugh
(Expert) 17 May 2012
GPA transactions finalised before Oct.2011 - stand valid and are good title. After your father's demise the property automatically devolves on you. You can use that GPA to regularise the property in your name.
Anirudh
(Expert) 17 May 2012
Dear Mr. Bharat,
The person in whose name the GPA has been given is not alive any more. How then that GPA can be used to effect the transfer of title / execution of sale deed?
By referring to Oct. 2011, probably you are referring to the date of the SC decision in Suraj Lamps.
All that the SC had said in that case was that (i) the transfer of immovable property cannot take place merely by way of grant of GPA/WILL etc., without proper conveyance deed/sale deed; (ii)in case on the basis of GPA/WILL if mutation had already taken place the same will not be disturbed; (iii) if mutuation had not already taken place, then on the basis of the GPA one can effect the sale deed / Conveyance Deed if otherwise permissible.
In the instant case, a person who is the holder of GPA has died. Therefore, in my view, the GPA cannot be used to execute the Sale Deed.
Nadeem Qureshi
(Expert) 17 May 2012
Dear Feathers
GPA is not a document in which you can show your Legal title, It's all depend on the terms and condition of the GPA.
Basically GPA is only a authority letter, in which a person authorized to another to do or not to do an act. not transfer the title.
Feel free to call
adv. rajeev ( rajoo )
(Expert) 17 May 2012
Being legal heirs you all are entittle to claim the tittle, but GPA is not valid because your father is no more now. Let me know hwether property stands in your father's name in the property records?
feathers
(Querist) 17 May 2012
The GPA transaction happened in 2006
How can we get it registered in our name?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 May 2012
Since holder of GPA is died so only if on property records some where his name has come than its OK, OTHERWISE YOU TO GO TO COURT .
This is specific problem of DELHI area and the concerned depts sort out problems through administrative action. So dig out similar other cases which will be in plenty.
Shonee Kapoor
(Expert) 18 May 2012
You would need to check the property records with DDA and MCD.
Thereafter you would need to have a succession certificate in your name.
After getting succession certificate, get your name inserted in records.
Convert the property to freehold for future requirements.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
