Importance Of Full Sale Agreement,POwer, and Will?
Aditya R khandelwal
(Querist) 15 March 2010
This query is : Resolved
I Want to ask what is the importance Of FULL SALE AGREEMENT , POWER OF ATTORNEY AND WILL? After the Death of the Previous owner of the Land?
Ajay Purchased A land from vijay on the basis of "FULL SALE AGREEMENT", "POWER OF ATTORNEY" AND "WILL".
If Vijay Dies and "WILL" need to be Probabted and the Son/daughter of the Vijay opposes that the "WILL" is fake then how will Vijay Win the case?
Raj Kumar Makkad
(Expert) 15 March 2010
On death of executor his GPA gets expired but sale agreement and will both remain intact. Now come to will. If the property involved therein is self acquired property of the executor then the legal heirs of the deceased have nothing to say against the will and it can safely be proved by getting it probated with the evidence of attesting witnesses in case of ancestral property in the hands of executor then such will shall have no existence legally and it can be got rescind by the legal heirs of deceased.
Now come to full sale agreement. It is binding even to the legal heirs of the deceased after his death.
N RAMESH.
(Expert) 15 March 2010
I agree with makkad ji.
Parveen Kr. Aggarwal
(Expert) 15 March 2010
Agreement to sell, will and power of attorney are enforceable if duly executed. Will operates after the death of the executant whereas power of attorney stands revoked upon death of the executant.
In case will is denied by legal heirs upon death of executant, the beneficiary can succeed only when he proves the authority of the executant and due execution of the will. Procedure for proving a will is prescribed under section 68 of the Indian Evidence Act, 1872 and the requirements of section 63 of the Indian Succession Act, 1925 are to be fulfilled.
Kumar Thadhani
(Expert) 16 March 2010
Yes I DO AGREES WITH EXPERTS MR. Makkad & Mr. Parveen.
