Sale by igpa
ratna
(Querist) 04 July 2013
This query is : Resolved
Hi,
Person X has given IGPA to Person Y in 1980s and Person Y is staying in the respective premises since then. Person Y sold the property to Person Z in the year 2007.
Person X went missing in 1990s itself and a case has been logged by his descendants.
In the year 2009, Person Ys died.
After that, Person Xs son has filed a case stating that IGPA is not valid as Person Xs and Person Y are dead in the year 2010.
Is this valid? Can i win the case?
Devajyoti Barman
(Expert) 04 July 2013
When the property was sold the POA was alive and his subsequent death does not make the sale invalid.
Raj Kumar Makkad
(Expert) 04 July 2013
The case is purely valid and the property exclusively now belong to the legal heirs of X.
Raj Kumar Makkad
(Expert) 04 July 2013
person X had not sold the property in favour of Y rather he had given only his GPA. It is not clear whether the right to sale was also give in that GPA to Y or not. If Y was having the power to sale then his sale in favour of Z is legal and he can get the registered sale-deed executed from the legal heirs of X.
ratna
(Querist) 04 July 2013
Sir,
Person Y and his heirs are alive and available at the time of purchase by Person Z.
But Person Xs heirs are not available at the time of registration.
Person Y has the right to sell the property as per stamped papers.
Person X gave an IGPA with the right to sell the property to Person Y as Person X took some money from Person Y and couldn't repay. Person X couldn't do a sale deed as it costs.
person Z went ahead and made the sale deed and living in the premises from 2007.
Now, Person Xs heir (1 among the 5) comes and says that he is the only heir who wants his fathers property back to him and logged a case on Person Z.
Raj Kumar Makkad
(Expert) 04 July 2013
If Y had power to sale then the heirs of X have no right to claim against that property and Z is now legal owner of the mentioned property.
ratna
(Querist) 04 July 2013
Also Sir, Person X assumed to be died after 7 yrs being missed i.e., before sale deed to Person Z from IGPA.
is the sale deed to Person Z still valid?
Raj Kumar Makkad
(Expert) 04 July 2013
X shall be presumed died after 7 years of his last missing report so fix the timings accordingly.
ratna
(Querist) 04 July 2013
Sir, what is that you are advising me to fix?
Sale deed and everything is done 6 years back to Person Z.
Person Y, the IGPA holder with right to sale, died 5 years back.
Person X who gave his property went missing 15 years back.
Now person X's son comes and claims that its his father property and filed a case against Person Z.
I want Person Z to win the case. How shall i defend.
Note: Person X did sell the property to Person Y but sale deed was not done to due money issues. Instead IGPA was given with right to sell.
Raj Kumar Makkad
(Expert) 05 July 2013
The period of missing of X 15 years back has been disclosed by you for the first time now.
X shall be presumed dead after 7 years of his report of missing which I presume shall be about 1-2 years before the sale made to Z by Y. As soon as a person is declared died, his POA gets automatically cancelled. So the sale by Y in favour of Z on the basis of POA of X after his death is illegal and thus the claim of the legal heirs of X is right.
ratna
(Querist) 05 July 2013
okay Sir. thank you very much
M V Gupta
(Expert) 16 July 2013
The IGPA in the instant case is stated to have been given by X to Y as the money taken by X from y could not be repaid by X and as per the facts set out by the querist the premises in respect of which the IGPA was executed were handed over to Y and Y had been staying in the premises. Therefore IGPA can be said to be one coupled with interest in the immovable property and as such does not lapse on the death of the Principal. In my view the sale made by Y in favor of Z even if it was made after the death (presumed)would be valid and binding on X's sons.
