GPA
harish sharma
(Querist) 24 May 2011
This query is : Resolved
X,Y,Z, gave GPA in the favour of "L"
in 1997 and gave the rights for executing the sale deed in the favour of any one .
but "L" have'nt sold this property to any one to till date .
in 2000 y had died to to left his wife and two children.
Rite know "L" wants to execute the sale deed in the favour of "M"
My questen is that
1. sale deed is vaild or not because one of the attorney doner had died before executing the sale deed in his life time.
"Y" died in 2000 and sale deed execute in 2011.
2. if in three of one had died then GPA is voidable against otther to parteners X nd Z .
3.or other two partners has right to sell his share through GPA . there is no effect that one partner had died or not.
Experts
Please refer me some citation in the above said matters its my personal case
Devajyoti Barman
(Expert) 24 May 2011
1. No, the sale is not valid. At best only x and z' s shares passes.
Rest of it is not clear from your query. State your query properly.
You did not mention anything about any partnership or its terms and conditions.
harish sharma
(Querist) 24 May 2011
simple terms in GPA all of three gave rite to sold and execute the sale deed in favour of anyone.
according to u sir sale deed partly valid or partly invalid on the part of Y .
Bhawani Mahapatra
(Expert) 24 May 2011
Though the property is joint property, sell of it through Attorney Holder, when one of the principal is dead, is absolutely invalid. The GPA becomes invalid soon after any of the principal is deed.So the question of sale deed doesn't arise.
M/s. Y-not legal services
(Expert) 26 May 2011
1. The sale deed is surely valid. X,y,z gave power of attorney to one L. For sale in favour of any one. After that no one cancelled the power of attorney. In the year of 2000 y died. After that also x and z didn't cancelled the power. In the year of 2011 L executed a sale deed in favour of M. So as per the power of attorney in the year of 97 L is a right full person to sale the property.
M/s. Y-not legal services
(Expert) 26 May 2011
Untill the cancellation before any encumberance by the power of attorney, L can do any thing as per his power.
M/s. Y-not legal services
(Expert) 26 May 2011
3. They gave power of attorney to some one mean without cancell the power of attorney they can't sale the property.
