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Abhinav   24 March 2025

Gpa granted by prinvipal in favour on 2 agents

Dear Experts,

 

I have a query related to GPA.

 

Under the agreement we have 1 principal and 2 GPA agent stated , who are husband and wife by relation

GPA stated as holder agent 1 (wife of Agent 2) and Agent 2.

GPA is registered.

scenarion :

. Agent 1 expired and Agent 2 is alive.

. Percentage of power not mentioned in GPA e.g how much percentage or power resides with which agent.

 

My Query : is the GPA still valid and if yes can Agent 2 act solely..

If GPA is not valid .. Can Special power of attorney holder have the rights to make the ammendaments is GPA ( there is a SPA as well which states that SPA holder have tge right to act on behalf of principal to make any changes.

 

I know this seems a bit complicated but in real world scenario we learn new things everyday.

Waiting for your expert opinions.

Regards, 

Abhinav

 



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     24 March 2025

Generally if one of the power agents dies, the power of attorney deed is considered as cancelled, however the recitals of the power deed is to be perused for giving more opinion.

Abhinav   24 March 2025

Thanks for your response.. however i am looking for the purpose or role of Special power attorney. Can he be introduced to proceed further in absence of one of the agent..

It has been written clearly in the agreement that SPA holder have all the rights to change and proceed with sale deed. Or any other deed related to tgat property.

Does SPA also automatically ends if GPA gets void.

 

Background

Property has been purchased on GPA by husband and wife ..

GPA holder is both husband and wife ( wife expires) 

GPA is registered and not cancelled as of date by owner

Sale deed is not registered.

SPA is alive and has all the writes of owner(this is stated in SPA deed)

Can SPA has any power in this case because owner is not supporting and seems having negative intentions now.

 

Thanks in advance for your time and advice.

T. Kalaiselvan, Advocate (Advocate)     24 March 2025

You may please note that a General Power of Attorney (GPA) holder cannot generally sub-delegate their powers by granting a Special Power of Attorney (SPA) to a third person unless the GPA explicitly permits such sub-delegation.

If my presumption is right, there may not be any such authorisation in the original GPA authorising the power holdrs to delegate their powers in the form of SPA to any other person.

If it is confirmed then the GPA deed executed in favor of the multiple power agents do not have any such authorisation then upon the death of the power agents the orihginal GPA deed stands  automatically cancelled.

In that case the Principal restores the property of the GPA deed automatically. 

Besides, the sale of property by a GPA deed is not legally valid as the GPA deed is not a title deed even though the GPA deed wasx executed by a registered document.

1 Like

Abhinav   25 March 2025

Thankyou for your further explaination. However the GPA holders didnt delegated any responsibility. But the principal did.

Principal has created GPA and appointed Agent 1 and agent 2 as well as SPA appointing Agent 3

SPA(agent 3) appointed to act as principal and can execute sale deed,  transfer deed, correction and any other deed in respect to aforesaid property.

So my question is if SPA holder has the right as documented, can he make further changes to GPA or can he execute sale deed/transfer deed etc.

 

Regards,

Abhinav

T. Kalaiselvan, Advocate (Advocate)     25 March 2025

First of all avoid posting information in a piece meal manner.

There are lot of contradicting information from your first post to the latest post.

However please note that if both the general power as well as the special power was granted by the grantor in the single and same deed, upon death of one of the power agents, the power deed becomes redundant.

Even now you have not come out with correct fact that if both GPA and SPA were combined in a single deed, because the deed so made may not be enforceable as it may not be considered as legally valid to have different subjects allotted to different agents by a single deed.

Abhinav   26 March 2025

Its complicated but let me clarify for your better understanding 

There is a seperate GPA document in which we have 1 principal and 2 agents.

And we have another seperate document called Special power of attorney

wherein principal has appoimted agent 3 to act on his behalf and guven right to execute sale deed,transfer deed or any other deed.

 

My question is if GPA is not in picture now. Due to the death of 1 of the agent. Can SPA practice his power to make further actions.

 

Hope you now have some details about this question.

The reason why i was adding the details is to make this mote easier to undwrstand however it turned around the other way.

 

Thanks

T. Kalaiselvan, Advocate (Advocate)     27 March 2025

If the GPA and the SPA are two separate deeds, then the respective power agents can act independently as per the assignment given in the respective power deeds.

Now one of the power agents of the GPA is reported to have died, hence the GPA becomes invalid or stands automatically cancelled.

However there is no restriction on the special power of attorney agent to carry on the tasks assigned through the SPA granted in his favor.

Why do you get confused by combining two different subjects together 

The SPA will be valid till the principal does not cancels the same or till the death of the power agent

Abhinav   27 March 2025

 

Thanks for clarification.. iam not from a legal background.. therefore iam not well verged with terminology..

 

below are the exact statement mentioned is SPA

i will further connect with some lawyer on this and wanted to check the fact and you helped me on that .. thanks once again

Here is the SPA docuent narration.

SPECIAL POWER OF ATTORNEY

KNOW ALL MEAN BY THESE PRESENTS THAT I principal do hereby appoint, nominate Agent 3 as my true and Lawful special Attorney in respect of residential and empower him to do the following acts, deeds and things on my behalf. "

- to execute the SALE DEED, TRANSFER DEEP, CORRECTION DEED and

any other deed and assistance in respect of the abovesaid property in favour of entangled purchased, to receive the

money for consideration and to receipt thereof, and present the deed for Registration before sub registerar and concerned Authority and also to do any other act, which Is necessary for the completion of the deed

 

Regards

T. Kalaiselvan, Advocate (Advocate)     27 March 2025

The special power of attorney is clear that the power agent has been authorised to do all such acts as mentioned in the deed by the principal. If the special power ofattorney deed was executed by a registered deed, then the transaction in conneection with the immovable property made by the virtue of this SPA is very much legally valid.

For all such further clarification you may refer the property related papers before an experienced local lawyer and proceed as advised.


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