Legal Question in Civil Rights Law in India

One Elderly person (x) is the owner of a piece of vacant land (l). Due to his old age he made registered document of a GPA (General Power of Attorney) on the name of a person (y) to take charge of the land on his behalf. After 14 years GPA holder (y) sold the land (l) to a person (z) with a registered sale deed document on the name of (z).

After nearly one month of the sale of the land (l) to (z), the owner (x) executes a will (w) in the name of another person (p) stating that he is giving away the land (l) to (p) and that (p) will be the owner of the land (l).

After nearly one year of the sale of the land, the original owner (x) of the land (l) dies of old age. And now the will holder (p) puts a case on the buyer (z) that this land (l) belongs to him (p).

My question is, Is the will (w) valid after the sale of the land (l)?

Please give a correct judgement on this case study... Thank you.. sir.


Asked on 6/08/12, 3:09 am

1 Answer from Attorneys
BHARAT NARASGOUDA BHARAT NARASGOUDA

Sir, the will comes into effect when the person dies and before his death he had executed a GPO and the said GPO has sold the land hence now there the will has no value at all as there is nothing which can get transferred as the property is already traasferred. It is like a person who is not a owner of the property and has executed a will of another's property which has no value and is a scrap paper. The will is invalid and the sale deed is valid if it is registered one.

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Answered on 6/09/12, 7:14 am


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