• Validity of Agreement to sell and GPA

The lessee sells his property to a lady thru Registered Agreement to sell and makes in her husband's name a Registered GPA alongwith an irrevocable WILL in favour of the GPA . In due course of time, the lady and her husband die without getting the property transferred or mutated in their own name or their child's name. Now, the child wants to get it transferred in his name as the legal heir. The land owning authority is not willing to transfer the property in the legal heir's name? What are the options available to the child/legal heir?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1) Full facts with further details and documents required.

2) Consult a local experienced relevant law expert, an intelligent, able Advocate of repute, in person, with full facts and documents to explain in detail.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

The child or the legal heir can claim rights in the property only if either of huis parents are having title to the property in  the form of registered sale deed.

The registered GPA in  favor of the power agent stands automatically cancelled upon the death of the power agent.

The  sale agreement is not a title document.

The Will in favor of GPA has to be probated only if the testator is reported to have died for enforcing the Will.

If the property is in your possession and the electricity connection and other tax receipts are in your name (your  parents' name), then you can file a suit for declaration of title on the basis of the documentary evidences in your possession.

However there are  very less chance to in this case.

 

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

Approach seller to execute registered sale deed in his favour as parents are dead 

 

GPA ceases on death of father 

Ajay Sethi
Advocate, Mumbai
97228 Answers
7851 Consultations

You can file suit against the lessee to get the property transfer on legal heirs name on the basis of the Registered "Agreement to Sell" and provide the Payment made to lessee against this transactions.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

An agreement to sell was done. You being the heir can take him to court to enforce the agreement. 


The GPA would be revoked once the holder of the GPA DIES.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

There is no such validity. It can be only put in the agreement itself till which any sale deed will be executed after the said execution of agreement to sale. There is no legal validity unless it's specifically put in the said agreement

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

- If the said property already was transferred in the name of that lady , then after that she executed a registered GPA in favour of her husband , then after the death of both of them , the legal heirs can claim the said property . 

- However, one cannot claim ownership on the ground of only registered Sell Agreement in the absence of Sale deed. which is required legally . 

- However , the child can approach the court on the ground of that sell agreement against the land authority to clam the ownership of that property. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Lessee has no legal rights to sell the property as per provisions of law. The lessee has no right,title and ownership in the property therefore transactions are illegal. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

A specific performance suit is needed to be filed for getting the required transfers done 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Do they have proof payment ? 

Is this GPA is irrevocable and with consideration? If yes than GPa is still effective.

Court order will require to declare ownerhsip of legal heirs which is last resort.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Dear Client

 

This is to inform you that,

  • Agreements concluded prior to the death of either party to a sale agreement in circumstances where transfer has not as yet taken place, remain valid and enforceable.
  • An attorney holder's rights automatically get extinguished upon the death of the executor.
  • Since the lady and her husband has died without getting the property transferred or mutated in their own name then it shall now be considered as person dying intestate and the will is also not valid.
  • The legal heirs can now file a case in the court for transferring the said property in their name based on the document of Registered Agreement to sell as the person has died intestate and you are the only one that can complete the rest of the formalities of the Sale.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

Children of deceased POA and her husband can file suit as their legal representatives against owner of land to get the land ownership transferred on their name under specific relief act.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Dear Sir/Madam,

You are suggested that the seller can register the said property in the name of the child or legal heir at this stage also to regularise the things. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

The legal heir of the lady will have to approach the lessee to register a deed of assignment in that heir's name, subject to that administrator obtaining a letter of administration for the lady's estate

For the above it needs to be ascertained from the lease deed whether the lessee has a power to assign his leasehold rights without consent of the lessor/owner

 

Yusuf Rampurawala
Advocate, Mumbai
7721 Answers
79 Consultations

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