Gpa coupled with interest !!
Sudhin2218
(Querist) 08 June 2012
This query is : Resolved
My Grandmother executed a GPA of our current residing property in favor of my mother and there was 1 lakh 60 thousand Rs payment made to an executant (my grandmother), during an execution of GPA and there is a notarized affidavit from executant for receiving the above said amount. 3 months back.. my grandmother passed away. now my question is .. Does GPA becomes invalid, because of my grandmother (executor) death? .. since this GPA executed along with executor affidavit for receiving the amount .. Can this GPA considered as coupled with an interest GPA and its irrevocable based on Section 202 in The Indian Contract Act, 1872 ? Do you think.. Section 202 in The Indian Contract Act, 1872 and Section 53A in The Transfer Of Property Act, 1882 acts are going to help in favor of my mother?
adv. rajeev ( rajoo )
(Expert) 08 June 2012
after the death of executant GPA becomes invalid.
For what purpose amount was paid to executant?
adv. rajeev ( rajoo )
(Expert) 08 June 2012
after the death of executant GPA becomes invalid.
For what purpose amount was paid to executant?
Sudhin2218
(Querist) 08 June 2012
Well.. Its like a sale-cum-GPA.. As my grandmother was in her daughters home..paid for her future hospital expenditures etc..
J K Agrawal
(Expert) 09 June 2012
If the power of attorney is to authorize her to sale the property on behalf of her and in the same document it is stated that she will be entitle to get the amount due to her form the sale proceeds. it constitutes relation of principal and agent. It is valid even after death of of the scribe. But what your mother gets? She can sale the property on recover back her amount. For remaining amount all the heir of the deceased is entitled.
If wordings of POA does not constitute relation of principal and agent the POA only can not be used after death.
M V Gupta
(Expert) 09 June 2012
If the GPA is executed along with an agreement for sale and the agreement is referred to in the POA it may be regraded as irrevocable POA and can be acted upon even after death of the person giving the pOA.
J K Agrawal
(Expert) 09 June 2012
Resp Gupta Ji
I think there is no sort of irrevocable POA.
Shonee Kapoor
(Expert) 19 June 2012
I agree with Ld. Gupta.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
