AGPA is entered for total sale consideration 1.1.2019, and executor died 5.4.2020, but AGPA holder executed self sale deed on 1.12.2020. Whether AGPA and sale deed valid or not.
P Goverdhan Reddy (Lawyer) 09 April 2021
AGPA is entered for total sale consideration 1.1.2019, and executor died 5.4.2020, but AGPA holder executed self sale deed on 1.12.2020. Whether AGPA and sale deed valid or not.
Nirali Nayak 15 June 2021
Hello sir, greetings of the day.
As per your query, if there are no special clauses or conditions applied to make the AGPA irrevocable, generally AGPA is revoked on its own as the person in whose favour the GPA was executed dies. If the GPA has been executed for consideration, then the power of attorney is valid even after the death of the executor and you can still get the property registered on the basis of this said GPA. There are many judicial precedents in which said law has been laid down. According to Section 202 of the Indian Contract Act 1872, a power of attorney having the ingredients as required under section 202, is irrevocable and is valid even upon death of the donor, and that in such an event a declaration does not need to stand invalid. The Legal heirs of the deceased Executor can execute a fresh GPA in favour of the attorney holder and carry forward the further proceedings.
Hope this solves your query.
Regards
Nirali Nayak
Law Student
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