Property transfer to legal heirs through gpa

Querist : Anonymous (Querist) 08 January 2020 This query is : Resolved
Hello Experts,
My father purchased flat through GPA from first party in 1996 at Ghaziabad but my father died before doing registry of the flat and first owner also died.As per records the said property is in the name of first party as we get to know through letter to do registry.How can I claim the property as we are living there for more than 20 years.

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This discussion addresses the complex issue of transferring property purchased via a General Power of Attorney (GPA) when both the buyer (father) and the original seller have deceased, and the registry was never completed. While the GPA may have become invalid upon the principal's death, and the property still legally belongs to the deceased seller's estate, the consensus is that legal heirs of the seller must be approached to execute a registered sale deed. Consulting a local property lawyer with all relevant documents is strongly advised due to the nuances of property law, including Supreme Court rulings like Suraj Lamp.

Sailesh Kumar Shah (Expert) 08 January 2020
Apparently your case is totally weak. So, consult local lawyer with all papers.

kavksatyanarayana (Expert) 08 January 2020
After the death of any owner (Principal of GPA), the GPA becomes invalid. so consult a local lawyer having knowledge in property matter with relevant documents/papers.

Raj Kumar Makkad (Expert) 08 January 2020
There is no need to consult with the local lawyer as suggested by experts rather to the legal heirs of the seller.

Raj Kumar Makkad (Expert) 08 January 2020
As the still the property stands in the name of the seller, now deceased, so if registration sale-deed is to be registered in the name of your deceased father, you need to approach them and request them to get it done.There is no other way except the same.

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Sailesh Kumar Shah (Expert) 09 January 2020
In Suraj Lamp Case, the Hon'ble supreme court validates power of attorney for this type of transfer up to the date of judgement, so contact of local lawyer needed with all papers for better results.

Dr J C Vashista (Expert) 10 January 2020
You will have to negotiate afresh with LRs of seller, no alternative.

Dr J C Vashista (Expert) 10 January 2020
It is advisable to consult a local prudent lawyer with relevant documents for better appreciation of facts / record, professional guidance and proceeding.

T. Kalaiselvan, Advocate (Expert) 15 January 2020
You may approach the legal heirs of the deceased property owner and request to execute the registered sale deed in favor of anyone of you or on all the names jointly.
GPA is not the title deed and also the gpa will stand automatically revoked upon the death of the principal or the agent.

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