Legal Question in Real Estate Law in India

General power of Atorney

I purchased a Site on General power of Attrney (GPA) and affidavit for having paid (received by the sellers) the consideration and delivering of possesion. The GPA was executed by two persons. If one of the two executanta dies what is the status of the GPA & affidavit. The descendents of the surviving executant can take the advantage of death of other executant or not. How to rectify the fault caused by death of one of the executant of the GPA. Is there any time limet for for descendents of the dead executant to inform about the death of executant to the GPA Holder.


Asked on 3/21/07, 3:46 am

2 Answers from Attorneys
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: General power of Atorney

Dear Sir,

Under the provisions of Indian Contract Act GPA dies with the executor. you havenot mentioned whether you are in possession or not.

Now you can get it registered by the one of surviving exector along with the Legal heirs of the deceased executant.

no such time limit is required as on the death of executant, GPA will loose its legal status.

please negotiate with the legal representatives and solve the issue.

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Answered on 3/22/07, 5:59 am
Shrichand Nahar S.V.Nahar, Advocate

Re: General power of Atorney

If GPA granted in your favour is for consideration and coupled with interest, then as per the provisions of the Indian Contract Act, such GAP becomes irrevocable. However, various government offices, finacial institutions and consequently prospective purchasers are not satisfied only with this legal proposition and insist on fresh GAP from legal heirs of deceased grantor.

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Answered on 3/21/07, 5:14 am


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