M. Kannan (Consultant) 13 June 2011
Mr. X sold vacant sites through GPA in favour of Mr. Y registered in the Sub Registrar Office, Bangalore in the year 1980. Along with GPA, Mr. X gave a Affidavit which says, at any circumstances this GPA will not be revoked since the full consideration amount received by Mr. X. Now Mr. Y is willing to sell the sites. Mr. X is not alive now. Can Mr. Y execute a sale deed in favour of any person?
Ashok Yadav (Lawyer) 13 June 2011
No, if the executant of GPA is died then the attorney holder can not execute sale deed in favous of third person. The legal heirs of the executant can execute the sale deed in favour of purchaser.
Ravikant Soni (LAWYER IN JAIPUR) 13 June 2011
Yes he can!!
Sec 85 of evidence act infers persumption about genuineness of p o a..
karthika (Advocate) 13 June 2011
power of attorney coupled with interest can not be revoked. Y can execute sale deed.
Karthika
SACHIN AGARWAL (ADVOCATE) 13 June 2011
On the death of the executant of P.O.A., the powers given to the Attorney Holder are seized and after the death the Attorney Holder cannot execute any documents on the basis of the said POA.
karthika (Advocate) 13 June 2011
as per sec.202 of Indian Contract Act, even the principal was dead, the agent has the right to act / execute based on the earlier POA.
karthika
M. Kannan (Consultant) 14 June 2011
Mr. X along with GPA Registration, has given an Affidavit also. Please go through the attached Affidavit and tell me the validity please.
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