POA......who owns the property now?

Querist : Anonymous (Querist) 05 February 2011 This query is : Resolved
My father expired recently and amongst the various assets, there is a property he owned through an irrevokable GPA.

Now my question to you is that do we as legal heirs aquire that property also or not, whether his GPA is still valid or not?

Can we sell the property on our own, without consent of the Executor,who gave him the GPA.

Thanks.

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Kirti Kar Tripathi (Expert) 05 February 2011
as soon as your father died, the POA given to him became frustrated and lost its effect thus the legal heirs of your father, have not right under said POA

SURESHKUMAR.S (Expert) 05 February 2011
Mere clause in irrevocable power of attorney would lost its power consequent to the death of the Agent. But if there is a specific clause in the GPA, meant to be that the agent(your father) has a claim over the property as a debt , which was due from the Principal, then the legal heir has the charge over the property though the agent died. Ref; Sec 202 of Indian Contract Act and its examples.

Uma parameswaran (Expert) 05 February 2011
GPA have no validity and relatives can acquire the property on due process of law.

Advocate. Arunagiri (Expert) 05 February 2011
GPA is not be passed on the legal heirs. GPA dies with the principal or agent.

Querist : Anonymous (Querist) 05 February 2011
Would it still be invalid for us, even if my father gave a loan to the Executor, for which his gave the GPA to my father as security.
That said money has still not been returned to my father, since GPA was given way back in 2002.
Thanks.

Kirti Kar Tripathi (Expert) 08 February 2011
Yes, still is invalid and also you can not claim money as it is time barred.

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