Death of GPA Executant.

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved
Hi,
My query is my friend had purchased site by way of registered GPA(paying due stamp duty) and also has a separate agreeement declaring a receipt of sale consideration. This was on 2009 and now its come 2 his knowledge that executant has since expired with no heirs.Request guidance on:
1)Whether the GPA holds any validity, considering that it is registered?
2)If my friend intends to sell to 3rd party, what would be the correct procedure considering that the executant has no legal heirs?
Pls advice.....

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Parveen Kr. Aggarwal (Expert) 07 February 2011
After death of executant the GPA is of no effect.

Nobody become owner of an immovable property (of value exceeding Rs. 100) without having registered instrument in his favour executed either by the previous owner or any of his authorised agents. As your friend is not registered owner but having only agreement to sell in his favour, he cannot sell the property.

Uma parameswaran (Expert) 07 February 2011
GPA has no validity and could not execute it.

Advocate. Arunagiri (Expert) 07 February 2011
You can sell the property, but you have lien on the property as the GPA was given by receiving consideration. The legal heirs of Class II may be available. You can seek for a specific performance.

Who is having the possession of the property?

SAANJAAY GUPTAA (Expert) 07 February 2011
agree with Mr.Arunagiri

Querist : Anonymous (Querist) 08 February 2011
Sir,
Pls consider the following;
1)The GPA was registered by paying the stamp duty.
2)He has also received a settlement letter suggesting receipt of complete sale considerations.
3) He is in possession of the property.

In this background he is unable to trace the heirs of the executant, since they are residents of Gujarat and he is based out of Andhra.
Pls advice.

Querist : Anonymous (Querist) 09 February 2011
Dear Experts-pls advice....

Advocate. Arunagiri (Expert) 09 February 2011
You are a bonafide purchaser, but the tittle deed is not in your name.

You are in possession.

No body can send you out of the property.

Please wait for some time, I may give you additional suggestion for transferring the property in your name.

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