Gpa pro and cons

Querist : Anonymous (Querist) 25 February 2025 This query is : Resolved
Hi
if the GPA owner die and he had done the will to his wife name before death, then is she is legally acceptable.

is the old property owner can show any type of rights in this property.

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T. Kalaiselvan, Advocate (Expert) 25 February 2025
Once the GPA owner has died the power of attorney deed granted to him stands automatically cancelled, the Will cannot be enforced because he was just a power agent and the title holder hence he cannot bequeath the property to which he doesn't have title.

Querist : Anonymous (Querist) 25 February 2025
so what is the solution for this situation?

Person A sells his land to person B and Person B given the land on GPA to person C, but person C given the will to his wife before death, is the person A claim the rights in property ?

if yes then what option she having to safe her property.

kavksatyanarayana (Expert) 25 February 2025
No. The GPA agent cannot execute a Will on behalf of the Principal of the GPA and if the Principal dies the GPA will be deemed to be automatically cancelled.

Advocate Bhartesh goyal (Expert) 26 February 2025
GPA holder can't execute a will on behalf of principal, a will os personal document requires signature of testator.

Dr. J C Vashista (Expert) 28 February 2025
Under Section 202 of the Indian Contract Act a general power of attorney (GPA) with consideration is a document that gives someone the power to act on behalf of another person in exchange for something. This type of GPA cannot be revoked without the consent of the person receiving the power of attorney.

Accordingly the GPA is with consideration and dies bequeathing the subject property, it (Will) is valid a document.

P. Venu (Expert) 17 March 2025
What do you mean by GPA owner? Has the GPA any interest in the property? If so, how?

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