Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srikanth B   15 July 2021

Gpa with special conditions holder died..

Mr Venkat , GPA with special conditions holder, died..intestate

The principal is willing to register the property to demised GPA holder's suppose..

Question is.. should GPA holder's wife, his son and daughter also be part of the executant list...

Is it legal only if the principal registers the property to Demised GPA holder's spouse alone...


Learning

 6 Replies

Dr J C Vashista (Advocate)     16 July 2021

GPA i.e., attorney died then it is the problem of principal to proceed as required

However, you have mixed up number of things such as what is the relevance of an attorney who died intestate ? Where is the doubt if principal disposes his/ her property to any one (including family of deceased attorney) ?

 Re-post in simple language for better appreciation of facts, form proper opinion and oblige.

It would be appropriate to consult a local prudent lawyer for proper appreciation of facts and circumstances and professional advise.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 July 2021

To put bluntly, GPA dies with the GPA holder. The Executor of the GPA has to execute a new GPA to a person he wishes to.

 

GPA is not an asset to be passed on to heirs.

G.L.N. Prasad (Retired employee.)     16 July 2021

Please come out with facts as to whether GPA was executed for benefits received by the principal.

Srikanth B   16 July 2021

Thank you Sir(s) for your time and assistance.

It was AGPA signed between Principal and holder.

Holder of AGPA paid to principal the value of property.

Principal had agreed to excute the registration for deceased holder spouse.

 

I would like to know if, apart from Principal , deceased holder children also required to execute.. Along with principal to register the property to their mother.

 

Thank you for your time and assistance

 

Shashikant V. Patil (Lawyer)     16 July 2021

After death of GPA holder, his wife and children are the legal heirs left behind.  Now the question is that, GPA holder during his lifetime paid money to the Principal for future deal of specific property. So if principal owner is agreed to execute /register a sale deed , it is up to the legal heirs of deceased GPA holder to purchase the said property by alone spouse (wife) or with all heirs also can be included as parties of the document. Both way as desired by you it can be executed.

P. Venu (Advocate)     16 July 2021

Admittedly, the deceased had received full  consideration for the proposed sale; however, the deed has not been executed. The deed could be executed jointly by all the legal heirs of the deceased. 

In the given context, the alleged GPA is of no relevance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register