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Sankaragiri   09 September 2018

Gpa

In Tamilnadu, GPA is made and registered with no consideration. In addition to this a note, unregistered is made refrering to the GPA saying a consideration of certain amount a d writte that GPA is irrevocable even case of death of the principal. Is this unregistered note valid when the principal is dead? Plots are sold saying that that the principal is alive while he is really dead


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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 September 2018

When a principal of a GPA is expired the GPA given by him is automatically cancelled and GPA agent has no right to execute deeds on befalf of the pricipal.  

Sankaragiri   10 September 2018

But at the same time of GPA registration, a unregistered note referring to the GPA, is prepared as below:

A consideration of Rs. 50000 is paid in exchange of the immovable property and the property is given right to sell the land in plots,; It is so mentioned that the GPA is irrevocable under any circumstances. 

The principal died in 2001 where the GPA was registered in 1999.

The agency has sold the plots from 2002 to 2016 (13 registered sales) i.e. after the death of the principal. The agency while registering the sale has mentioned that the GPA is active and the principal is alive.

Please clarify whether (1) the  unregistered note, (mentioned above) is valid and irrevocable and (2) whether the agency's 

statement thar the pricipal is alive at the time of registration (i.e. during 2002 to 2016) is legally tenable.

What would be the course of action.?.


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