Salecumgpa agent sold in 2006 after principal death valid?

sudhir tataraju (Querist) 08 January 2021 This query is : Resolved
Hello Honarable Lawyer!

Will Reg. Agr. of Sale cum GPA claimant sold property in 2006 after principal death is a valid?

Iam planning to buy a plot this month i.e. 2021 Jan.

In 2004 Person-B done the registration of "Agreement of sale cum GPA" executant Person-A. In that 2004 agreement its mentioned that Person-A giving full rights to Person-B to sell the property taking amount of 40,000rs.

In 2006 after the death of Person-A in 2005, Person -B sold the property to Person-C with saledeed transaction and registered same. Is this is a valid transaction?

Should I buy the plot from Person-C ? as its been already 14 years since Person-C bought paying money to Person-B.

Am afraid that what if Person-A family file case with death Certificate of Person-A as G.P.A is invalid if person-A dies! Since person-B had Agreement of Sale Cum G.P.A I am thinking to buy.

FYI 2010 Person-C paid L.R.S and regularized the plot but didn't paid or applied for V.L.T(vacant land tax).

And am aware that GPA claimant cant sell property after 2011 oct as per supreme court.

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Quick Summary

A property was sold in 2006 via a Sale Agreement cum GPA after the principal's death in 2005. The buyer is now concerned about the validity of this transaction, especially since the Supreme Court ruled in 2012 that sales via GPA are invalid after the principal's death, as the GPA automatically terminates. The consensus is that such a sale is likely invalid, and it is strongly advised not to purchase the property without thorough legal consultation.

Guest (Expert) 08 January 2021
Better Show all the Documents and related Papers to your Local Advocate and discuss in detail. You could search for some favorable points in your case like the Payment Transactions proofs and application of Limitation Act --12 years etc in your issue.

Message likes : 1 times

sudhir tataraju (Querist) 08 January 2021
Thankyou Rajkumar sir!

Guest (Expert) 08 January 2021
Welcome and Take Care .....

kavksatyanarayana (Expert) 08 January 2021
After the death of the Principal (owner of the property-person-A), no deed shall be registered by the Agent(person-B), and if registered it is invalid.

Advocate Bhartesh goyal (Expert) 08 January 2021
Yes, you are very right.Hon'ble S.C has held in judgment Suraj Lamp & Industries vs State of Haryana 2012 SCC ( 1 ) 656 that sale transactions through sale agreement cum GPA and will are not valid and legal transactions and such transactions does not confer ownership title. After death of principal A, GPA holder B sold the property to C which is not a valid and. Legal transaction as after death of principal ,GPA automatically terminates so B had no any authority and power to sale the property.In my opinion you should not buy the property.

sudhir tataraju (Querist) 09 January 2021
Hello Bhartesh Goyal thank you! so the GPA & Agreement of Sale cum GPA are same you mean to say? As B has paid money to A and transaction mentioned in the 2004 agreement I had a hope.

Dr J C Vashista (Expert) 10 January 2021
Both the documents are different wherein "Agreement to Sell" defines terms and conditions of the transaction whereas principal authorises his /her attorney to proceed on his / her behalf in case of "GPA".
The agreement stated to have been executed in the year 2004 has no relevance / value in the year 2021, if it do not specify time limit.
After death of principal the attorney (GPA) expires automatically.
It would be better to show the documents to a local prudent lawyer for appreciation and guidance.

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

https://www.lawyersclubindia.com/experts/notice-to-gpa-executor-on-his-unavailability-before-purchase-727686.asp

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