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Nagesh (private empolyment)     01 August 2019

Unregistered gpa and death of the gpa exeutor

A person who had a self acquired property had executed an unregistered GPA in 1995, to a person with the power to aienate, gift, mortage etec.(i.e.had sold and gave possession). The GPA holder is in possession since then. In the mean time GPA Holder has died about a 4 years back. Now the GPA holder wants to sell the property. But the intending purchasers are not satisfied with the title. Now the question is does the GPA becomes null and void with the death of the Executor ? Since the GPA Holder is in possession of the property since 24 years, can he be the Absolute owner on the basis of Adverse Possession ? GPA HOLDER had got the Khatha in his name and has built a house. Can the legal heirs of the executor claim the property ?


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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 August 2019

Ji, after expiry of GPA Principal (who executed the GPA), automatically the GPA will cancel.  If GPA agent executed any deed that is null and void.

G.L.N. Prasad (Retired employee.)     02 August 2019

You can not also claim adverse possession, as you are having a POA only and contact a local advocate for the study of the GPA document whether it is for consideration or not and whether Sec.116 of Indian Evidence Act is attracted obstructing your claim.

Kishor Mehta (CEO)     02 August 2019

The GPA has become null and void on the death of the executor. Law of Adverse possession is not applicable in your case. Legal beneficiaries of the GPA executor may file a claim, however only the Court can decide on the ownership.

Nagesh (private empolyment)     02 August 2019

sir, the GPA has clear cut clauses, empowering the holder  that he can sell, mortgage, gift etc. Besides GPA, unregistered Sale Agreement and affidavit were also executed, clearly stating that GPA holder had sold the property for a valuable consideration and had handed over the possession  on that day itself.

Now, if the legal heirs can join the execution of the Sale deed, infavour of the intending purchaser, wil that be sufficient to perfect the title ?

G.L.N. Prasad (Retired employee.)     02 August 2019

How any one can say whether that is sufficient or not, the purchaser should be convinced ultimately.


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