Gpa holder died
sasi
(Querist) 08 September 2014
This query is : Resolved
Hi,
My father had GPA on a property (farm Land) and he made conditional sale agreement to another person. He died recently, I would like to know,
1. What is the validity of Sale Agreement my by a GPA holder who is not alive.
2. If the purchaser not paid the money whatever agreed in the sale agreement, will the property belongs to us (as we are sons of the GPA holder)
3. If the purchaser pays the money as per the sale agreement, will the purchaser entitles the property.
Please let me know.
Thanks
Shashi.
malipeddi jaggarao
(Expert) 09 September 2014
Who is the owner of the property and who executed GPA in favour of your father? What are the terms of GPA?
1. Normally the legal heirs of GPA holder will step into the shoes of him in case if he dies before concluding the transaction under GPA. Thus you legal heirs are supposed to perform the duties of GPA holder as per the terms of sale agreement.
2. What this if the purchaser not paid... and if the purchases pays the money....? Can you not be specific whether he paid the money or not? Is it a hypothetical academic query or real one?
Rajendra K Goyal
(Expert) 09 September 2014
1. I GPA holder expires, principal who awarded the GPA would / may complete the deal.
2. The property was and will remain of the principal and not of GPA holder.
3. Depends upon the principal.
malipeddi jaggarao
(Expert) 09 September 2014
If the GPA holder dies, The Power Attorney granted would be treated as cancelled in the absence of specific clause devolving the power to the legal heir of the deceased holder.
Raj Kumar Makkad
(Expert) 12 September 2014
GPA expires on the expiry of either of the persons involved in that document.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
I would like to respectfully disagree with the opinion of Mr. Jagga Rao that the legal heirs of GPA will automatically step into the shoes of the GPA upon his death. The law is that the GPA deed will remain cancelled upon the death of the POA holder and the principle has to perform the part of the contract initiated on his behalf by his power agent to complete the sale deed.The sale agreement can be enforced by the prospective purchaser through court of law if the principle denies or refuses to perform his part of contract within the time stipulated in the contract of sale agreement (provided the sale agreement has been registered).
Advocate. Arunagiri
(Expert) 13 September 2014
The GPA dies along with the Principal or Agent.
Legal heir can not step into the shoes of the GPA holder, as it not inheritable.
In case of any pending payments, that will go the Principal only. If the condition is not fulfilled the the property will go back to the principal.
Raj Kumar Makkad
(Expert) 13 September 2014
No action can be initiated on the basis of the GPA executed in favour of the deceased or by the deceased.
malipeddi jaggarao
(Expert) 17 September 2014
@Expert Mr.Kalaiselvanji! Yes, my initial post is wrong and subseqauently corrected myself in the second post.
V R SHROFF
(Expert) 17 September 2014
Shri Expert : T. Kalaiselvan, & Advocate. Arunagiri had clarified well. Fully agreed.
Simple:: Power died if ANY ONE PARTY DIE...
POWER GIVER OR POWER RECEIVER!!
NO LEGAL HEIRS FOR POA
SASI, what more u hv to clarify ???
Raj Kumar Makkad
(Expert) 17 September 2014
Every point has already been duly clarified so no question remains with the author on this issue.
