Legal Question in Real Estate Law in India
Sir, My dad has a General Power of Attorney on our house at Bangalore, which was sold to him by his friend in 1983. The GPA was signed before a Notary and also countersigned by Additional Judges Court of small causes, Bangalore. The GPA is irrevocable and all authorities have been mentioned in the same. However, there is one clause which states that" I furthet declare that aproper sale deed will be executed and registered in favour of (My father's name), only after the revenue registrations are reopened by the Government. Presently, we dont know the whereabouts of the principal and we hope he is dead.
2. My query is whether my father can trasfer that house in my name and can it be registered under India Registrations act.
I shall be greatful to you sir.
5 Answers from Attorneys
Generally, power of attorney ceases with death of principal.
However, there is an exception to this general rule viz. if such power of attorney is given for consideration, then same continues even after death of principal.
I agree with the above opinion.
I agree with the above opinion
Yes it can register in your name.
Your further clarification is welcome at nominal fee at;
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
The GPA may stands invalid for the following reasons:
1.GPA not been registered
2.Your query itself states that there is a clause like "a proper sale deed will be executed and registered when the registartions commences",which the person who gives GPA clearly mentioned that the GPA is improper,hence it may be invalid if the registrar objects.
3.The legal heirs of the person who gives the GPA may contend in the court and the facts you have submitted are not clear.
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