Legal Question in Real Estate Law in India

what is difference between general power of attorney and will?


Asked on 3/09/13, 2:27 am

3 Answers from Attorneys

GPA means by virtue of this document u can do any thing with the property of a person which is mentioned in GPA and Will means by virtue of this document the property of a person will be transferred in ur name after the death of person whos executed it in ur name.

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Answered on 3/09/13, 2:37 am
Vishwa Arya Arya & Co.

Through GPA, the executant delegates his own powers/authority to another person - attorney - to enable attorney to exercise such powers in absence of the executant during life time of the executant. So, with the death of executant, GPA comes to an end and attorney thereafter cannot act on behalf of the executant. However, through Will the executant/testator declares his intention as to who would inherit his/her self acquired properties after the death of the testator. Will, therefore comes into play after the death of the executant. Two are independant documents one applies during the life time and the other after the death of the executant. One merely gives the authority and does not transfer ownership whereas the other transfers the ownership also.

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Answered on 3/09/13, 4:45 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

General Power of attorney remains effeftive during the life of executant whereas will comes into operation after the death of testor

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Answered on 3/09/13, 9:20 am


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