Notice to gpa executor on his unavailability before purchase

sudhir tataraju (Querist) 11 January 2021 This query is : Resolved
Hello Honorable Lawyers,

I am planning to buy a plot which is purchased by "C" with "SaleDeed" in 2006 registered at SRO sold by "B" holding "Agreement of sale cum GPA" executed by "A" in 2004 its mentioned in "Agreement of sale cum GPA" that "am A giving full right to B to sell this plot on my behalf taking amount 40,000rs/-" which is also registered at SRO.

In the 2006 SaleDeed that "C" has "A" didn't do witness sign.

Since "Agreement of sale cum GPA" lapse if "A" dies before "B" sold to "C".

I asked "C" to bring the live certificate or Death certificate of "A" as "C" claiming without any proof that "A" died in 2014 which is after 2006 (C purchased form B) and since "A" is not available at the address "A" mentioned in the initial SaleDeed he bought nor at the the address he mentioned in "Agreement of sale cum GPA" with "B" "C" unable to produce me the proof whether "A" is alive in 2006 while "B" sold to "C".

What should I do in this situation? Should I buy the plot giving a PUBLIC NOTICE within our District local language newspaper? Am afraid what if hires of "A" comes to claim after I purchase the plot.

Yes, am aware that after 2011 oct-nov SCourt cancelled right of GPA to sell property and didnt revoke the sale transactions done by GPA before 2011.

Kindly don't ignore and please give your valuable suggestions ASAP.

Thanks & Regards,
Sudhir

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Quick Summary

When purchasing a plot sold via a Sale Deed in 2006, which originated from an Agreement of Sale cum GPA executed in 2004, a buyer is concerned about the original owner's (A) unavailability. The seller (C) claims A died in 2014, but cannot provide proof, raising doubts about whether A was alive when the property was sold in 2006. The buyer is seeking advice on how to proceed, including whether to issue a public notice and protect themselves from future claims by A's heirs, especially considering legal changes regarding GPA validity.

Guest (Expert) 11 January 2021
Legally the Power Of Attorney would be invalid and Null and Void after the demise of the Parties involved in the POA.

Guest (Expert) 11 January 2021
Discuss with an Local Advocate in detail discussing all your doubts and Publish an News Paper advt in two News Papers one in Local Language and Other in English giving time for 30 days and then you could proceed with the transactions. In the documents let the Seller give an Under taking that he would carry the responsibility Legally if any Issue arises after the transaction. Discuss with an Local Good Advocate.

Message likes : 1 times

kavksatyanarayana (Expert) 11 January 2021
It is a repeated query and it was replied to on 08-01-2021.

Rajendra K Goyal (Expert) 12 January 2021
Repeated query:

https://www.lawyersclubindia.com/experts/salecumgpa-agent-sold-in-2006-after-principal-death-valid--727581.asp

Dr J C Vashista (Expert) 13 January 2021
You have adequately been advised / obliged by experts, if you are not satisfied seek professional services of a local prudent lawyer.
There is no need to repeat same story time and again, which is absurd and ridiculous.

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