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Harini V M   29 August 2024

Gpa validity

Sir,

My Grand father (Father's Father) had executed GPA for the land measuring 3 acres 30 guntas to a person in 1996. My Grand father died in 13/12/1997. After my father died the GPA holder has transferred the property to others in 1999. The query is cancelled the GPA Holder transfer or sell the property in the absence of my grand father? After few years they threatened my father and my uncles that they will kill them id they do not give the consent to NOC. And they got the NOC. They have not taken any of our signatures or consent for the same. Is the GPA valid after the death of f principal. Can we claim the posession of our property? 



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     29 August 2024

GPA automatically cancelled  and not enforceable on the moment of principal's  death.consent/NOC obtained by principal's legal heirs has no value and does not validiate GPA.

1 Like

Shashi Dhara   29 August 2024

Either any one dies gpa is automtically cancels.
1 Like

Ramanathan G (Independent practice)     29 August 2024

Whether it was irrevocable GPA against value of property?

Under specific relief Act, file a Civil suit for cancellation of document.

1 Like

Aman Verma   29 August 2024

The General Power of Attorney (GPA) executed by your grandfather in 1996 would typically become void upon his death in 1997, rendering any property transactions made by the GPA holder in 1999 invalid. Since the GPA ceased to be legally effective after your grandfather's death, the transfer or sale of the property would not hold legal ground. Additionally, if your father and uncles were coerced into giving a No Objection Certificate (NOC) without their genuine consent, this could further invalidate the transaction. You may have grounds to reclaim the property through legal action, challenging both the validity of the property transfer and the NOC obtained under duress. Consulting a property lawyer for tailored legal advice and considering a civil suit to assert your rights would be advisable.

1 Like

Harini V M   30 August 2024

Thank you very much to all who have replied to my query. Thanks sir.

N.K.Assumi (Advocate)     04 September 2024

No conveyance of immovable property can conferred title on any immovable property by Will or Power of Attorney. Thus, in absence of Deed of Conveyance the GPA will just be a mere piece of paper.


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