Upgrad LLM

gpa related

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HI experts,

One person has executed GPA since 3 years long back to his person regarding to sell, mortgage,obtain bank loan etc., Now the GPA holder has expired. [last week].

Now what is the legal stand for actual owner of the property [who executed the GPA] can he sell the property without knowledge of GPA holder's family members.

or

GPA holder's family members have right to sell the property on the basis of his death certificate.  or GPA holder's family member's can partition the property among them.

Please Explan. 

 
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advocate

Mr.Naveen,

Actually the GPOA holder alone only can do, act and represent on behalf of the Principal, here no question of any legal heirs of the GPOA holder have any right, apart from the GPOA holder no one have such a right or liability except in case of deligation of authority given to the GPOA holder under certain exemption available U/S. 195 of Chapter X in the Indian Contract Act, 1872,   whatever the Power holder done during the existence and validity of the GPOA on behalf of the Principal is standing valid, after the death of the Power holder the GPOA too ceased then the Principal becomes to an absolute right and liability.

 

Regards

 

Ravi Kumar.S

 
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