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Sudhakar Thota   21 February 2024

Registration done with invalid gpa after death of attorney

Hi Sir/Madam, AGPA with possession was done by X person to A, B, C three members in Oct 2019.

A, B, C did sale deed for few plots as they have AGPA rights in Aug, 2022

In Oct 2022, B died 

In Feb 2023,A, B's wife, C did sale deed for remaining plots saying B's wife is legal heir of B without any legal heir certificate

Now are sale deeds done in Feb 2023 valid? 

If not vaild what is the option to make them valid? 

 



Learning

 10 Replies

Dr. J C Vashista (Advocate )     21 February 2024

After death of executant / grantor of GPA it is invalid document. Any transaction made thereafter  by the attorney on the authority of such GPA shall be null and void. 

Real Soul.... (LEGAL)     21 February 2024

If it is shown that wife was not having any authority or right over prpoerty sold then you can cahllenge the sale deeds and cancel sale. .

 

T. Kalaiselvan, Advocate (Advocate)     21 February 2024

In most cases, a Power of Attorney terminates automatically upon the death of the agent. This means authority granted to the agent under the Power of Attorney ends at the time of his death. Furthermore, the principal is no longer bound by any acts of the agent after that time. However, some powers of attorney may contain provisions that allow for the appointment of a successor attorney in the event of the death or incapacity of the original attorney. In such cases, validity of Power of Attorney in India after the death of agent would remain in effect. Moreover, the agent would be authorized to act on behalf of the principal. 

Additionally, if the principal has appointed multiple agents to act jointly or severally under the POA, the death of one agent does not necessarily terminate the authority of the other agents, depending on the terms of the document and applicable law.

kavksatyanarayana (subregistrar/supdt.(retired))     21 February 2024

I agree with the views of the above learned experts.

Manoj test   23 February 2024

In case if the owner of the property provided a ratification deed mentioned A,B'swife and C are authorised, then is that legal or valid for those registrations? Or any other issues in future with this ratification deed?

T. Kalaiselvan, Advocate (Advocate)     23 February 2024

Besides ratification deed duly registered, it is advised that an indemnity bond may also be obtained to indemnify against the losses due to litigation in future. 

Manoj test   24 February 2024

Thank you for the response.could you please clarify below queries.

1. Who all need to sign on ratification deed?

2. Do we need to add B's wife mother name, children (2 minor children) in ratification deed? Or any fixed deposit to be done for them?

3. With this ratification deed , can we consider it is fully legal and we get loans and can be sold without any issues?

4.Apart from this plots, there are few mortgage plots yet to be registered, for them applying new gpa with A, B'swife &C names. Is that affect this already plots registered plots having ratification deed? In the new gpa do we need to mention those specific plot numbers to make Clear that this new gpa is only for the new plots.?

5.Could you please also suggest or provide sample matter how ratification deed would be to avoid problems in future.

Manoj Govikari   26 February 2024

Hi, it would ya great help if anyone can please provide clarification for the above questions. We are awaiting for your response!

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

1. The people consider to be the legal representatives/entied to a share are required to execcute a registered ratification deed.

2. It depends on the prevailing situation.

3. Nothing can be predicted as what you presume, if that would be disputed then you may have to face the situation when one arises.

4. This question will have an ansser based on the practical situation.

5. For sample or draft of the ratification deed, you may contact an advocate either from this forum or outside directly. 

Manoj Govikari   28 February 2024

Thank you for the answers provided!!

For the 4th question, yes there are some plots yet to be registered and they are applying for new gpa for them. So my question is, was that valid procedure to have for few plots ratification deed with old agpa and for few plots fresh gpa?


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