Validity of gpa after the death of executor
surendrababu
(Querist) 21 October 2014
This query is : Resolved
Sir
"A" executed GPA in favour of "B" for developing and selling his properties on 17-01-20013. "A" died intestate leaving behind his son on 20-5-2014 . Now the son of "A" is claiming that the GPA is not valid after the death of "A" but "B" is trying to sell the property.
Whether the GPA is valid one and does "B" has the right as per GPA even after the death of "A".
Kindly explain the legal position GPA and its holder?
V R SHROFF
(Expert) 21 October 2014
GPA DIED WITH "a" ON 20-5-14: So Invalid now.
B have no right.
Anirudh
(Expert) 21 October 2014
(i) The actual contents of the GPA; (ii) whether it is against consideration; (iii) whether it is registered etc., will hold the key. Without knowing the minimum information, it will be very difficult even to herald a guess.
Devajyoti Barman
(Expert) 21 October 2014
If the GPA is cpouple with interest then it does not cease to exist altogether with the death of principal but needs to be regularised with freash execution of GPA by his legal heirs.
Devajyoti Barman
(Expert) 21 October 2014
If the GPA is cpouple with interest then it does not cease to exist altogether with the death of principal but needs to be regularised with freash execution of GPA by his legal heirs.
Rajendra K Goyal
(Expert) 21 October 2014
The GPA need to be referred, consult local lawyer.
Advocate. Arunagiri
(Expert) 21 October 2014
Developing and selling the property is coupled with interest agreement, this agreement will have life even after the death of the Principal.
ajay sethi
(Expert) 22 October 2014
contact a local lawyer . GPA has to be perused to advice . as mentioned by number of experts if GPA is coupled with consideration it would be valid even after death of A
K.K.Ganguly
(Expert) 22 October 2014
1. If the GPA is for constrcution only with out mention of any consideration already paid, it has become invalid after the death of the executor,
2. The GPA is required to be perused for proper advice.
T. Kalaiselvan, Advocate
(Expert) 23 October 2014
Please produce the copy of GPA to a local lawyer who is in knowledge of the legal issues involving the subject, take his opinion and proceed.
V R SHROFF
(Expert) 23 October 2014
Even if money paid for consideration of GPA, it is binding only till the date of death of it's executor. It is not valid once exec die. Whatever in in his lifetime is valid.
H.M.Patnaik
(Expert) 24 October 2014
GPA's rights ceases with the death of the Executor . The Legal heirs of the deceased Executor may execute fresh GPA in favour of the attorney holder .However, if the GPA provides that Legal heirs, successors etc. would be bound by the terms set out therein,
the right of Attorney holder would continue unaffected.
malipeddi jaggarao
(Expert) 25 October 2014
I fully agree with the advice of expert Shri Barman.
