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P Goverdhan Reddy (Lawyer)     27 September 2021

Agpa valid or not

AGPA executed by parties A,B & C together in one document,  in favour D,   for their own properties.  A  is owner of Sy no.1,  B is owner of Sy No.5,  and C is owner of Sy No.10.   They all are seperate parties, but executed together AGPA in favour of D.   Now D is the AGPA holder.   unexpectedly, B died.    but D wants sell property of A & C.    my question is that, whether AGPA valid or not, view of  on death of B.    



 10 Replies

Pradipta Nath (Advocate)     27 September 2021

After B's death D's power of attorney stands invalid, provided the POA doesn't contain any irrevocable clause or provision to that respect and D does not have any interest over the estate of B. Suggested to please go line by line of the POA!

P Goverdhan Reddy (Lawyer)     27 September 2021

sir gd mrng, and thanks, there is clause existing POA is irrevocable.

Pradipta Nath (Advocate)     27 September 2021

Aside please answer whether the POA was assigned against any valuable consideration or not?

P Goverdhan Reddy (Lawyer)     27 September 2021

Sir it is assigned for total sale consideration

Pradipta Nath (Advocate)     27 September 2021

Now what you want? to revoke it!

P Goverdhan Reddy (Lawyer)     27 September 2021

No sir, not to revoke, agpa holder to go ahead with by executing sale deed. There is a doubt that on death of any of the executor, agpa is null and void.

Pradipta Nath (Advocate)     27 September 2021

No, in general it would be considered as terminated, but in your case you can surely go ahead to execute the POA. There is no problem. Please refer section 202 of the Indian Contract Act. Aside I believe that the POA has been duly registered and has been accepted too, else there will be a problem!

P Goverdhan Reddy (Lawyer)     27 September 2021

Sir thanks a lot for making me aware of agpa. Understood that, it is well valid. With regards.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 September 2021

Does AGPA ( Agreement of sale Cum General Power of Attorney) holder has authority to sell the property after 2011 supreme court verdict of GPA not valid ? ... An AGPA holder can execute a registered sale deed on behalf of the owner.

P Goverdhan Reddy (Lawyer)     27 September 2021

Sir, it is registered. it is irrevocable, assigned for valid consideration. Holder has power to sell the property on behalf owners. Not only that, already, agpa holder executed regd sale deed in favor of third party.

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