Rights of gpa

Power of attorney executed by a person extinguishes after his death.  You can not sell the whole property. The property should be partitioned as per Succession Act. You can sell only your undivided share in the property.

If the WILL states that you are minor and that in case of the property being sold during your minority, your share of amount to be given to you, now since you have become a major you can object to the disposal of your share in the property by others without your consent, you can also bring in your own party for selling your share of property at the rate fixed by you.  You have full rights over your property and nobody can question it at any point of time.

thanks for your reply.

May be i used the wrong term GPA, In the Will it is written that so and so person has to acquire the property and sell and distribute to us.He is least bothered.

The dad has sold his share and took the money, The party who are buying called me and said to sign and take my share. I too like this deal

My Main concern is as i said the documents of the property are with the person (third person) who has the power to sell and is least bothered and wantedly playing games not to sell.

Can we still sell without the documents since i am the grandson, Not sure how my dad signed at the registration office.

Appreciate your response.

If you say that you are least bothered about everything happening around you, then what is your botheration? Why do you worry about the documents and other things once you got the money you wanted.  No one is  a fool to buy a property without document until there isa criminal conspiracy in the deal, so what is your query now?

Correction.

I never said I am lease bothered. The person who holds the right to sell the property is least bothered and he has the documents.

My question is Since I am the grandson, Can we the share holders sell the property without the documents since Grand son will have more power over grand father property.

The power of attorney remains in force and  effective till the principal alive or revoke the same .After demise of principal power of attorney automatically comes to end sonow after death of your grand father,holder of power has no roll and can not sell the property.Now property will be divided as per will of your grand father..

Phani,

Your legitimate share out of your grandfather's property cannot be sold by anyone without your consent or knowledge, if they are doing so, they are running a risk attracting criminal offence and the punishments thereon.  If you want to sell your share of the property, you can do it by obtaining a certified registration copy of parent deed of the property and the WILL if it is registered.  Nobody will buy a property without proper papers/documents hence you are required to produce the same at the time of selling the same. 

Sir,

I understand that your grandfather has appointed an Executor in his Will, if such is the case, then only the Executor has the right to apply for probate to the Court for all the properties of your Grandfather and then distribute the properties as per the terms of the Will.

Under the circumstances, nobody else can part or deal with the properties in any manner whatsoever.

Good Luck

Kishor Mehta

But the executor is not willing to sell the property. He is wantedly making us run behind him for the past 15 years.

In that case as a grandson i will have more power than executor right ?

Sir,

The Executor is duty bound to act according to the terms of the Will after getting Probate from the Court. He has to file his report to the Court every six months about the procedure he has followed in execution of his duties.

You can appeal to the Court, that has granted Probate to the Executor, and inform the Court about his acts of commissions and Omissions in the execution of the probate.

The Court will definitely take punitive measures to help you receive your rightful share of the properties.

Good Luck

Kishor Mehta