Validity of GPA
ChethanKARIYAPPA
(Querist) 23 March 2014
This query is : Resolved
Sir,
I am planning to purchase a plot in Bangalore. According to documents, Land was in the name of person X from 1922. He gave GPA of the same to person Y in the year 1981.
In the year 2013, nearly 32 years later,it is sold to a lady Z from Y.
On approaching Bank's lawyer, they said, 2013 sale deed, is invalid if X who gave GPA was not alive.And told me not to go ahead with the purchase.
Seller Z confirmed, X was not alive when she bought it in 2013 from Y.
I am totally confused now, I had already paid 50000 as advance to Z.
What can I do now, request to suggest me?
Thanks in advance.
V R SHROFF
(Expert) 23 March 2014
""On approaching Bank's lawyer, they said, 2013 sale deed, is invalid if X who gave GPA was not alive.And told me not to go ahead with the purchase."
GPA dies with the person who gave power.
so GPA is invalid .
You did not mention total deal amount::
To guide you to take calculated risk, and go for the documentations to safeguard your interest of token paid by you// property purchase by you..
u need to personally consult local lawyer [ advised]
Advocate M.Bhadra
(Expert) 23 March 2014
You should not proceed,on death of principal GPA has already revoked.
A general power of attorney remains in force unless expressly revoked or determined by the death of either of the party. A special power of attorney will be in force until the specified act is not completed. Duration of the power will depend upon the type of the attorney or there may be a fixed period of power granted by the principal which must be included in the deed.
A power of attorney may be revoked at any time by the principal or donor by giving a written notice to the agent, unless it is for a particular fixed period. Revocation usually possible when principal dies or becomes insane or becomes bankrupt. The principal himself can revoke power of attorney if the business for which the agent was appointed is over as mutually agreed upon by the principal and agent. In case if principal has named a spouse or registered domestic partner as his agent, his or her authority to act under the power of attorney is automatically terminated in the event of divorce, legal separation or termination of the registered domestic partnership.
Rajendra K Goyal
(Expert) 23 March 2014
Well advised by the experts, agree to it. Land sold on the basis of a POA in which principal has died, amounts to invalid sale. The purchaser has no title to pass to new purchaser.
