Agreement should be from the person who holds the GPA or SPA.
Leasehold to freehold
Ramkumar was Allottee of the property from Land and development office He had two sons Shamkumar and Ajaykumar who inherited the property. Now Shamkumar and Ajaykumar sell the property to two brothers ramesh and amarpal Agreement to sell and will is made in name of ramesh and GPA and SPA is made in the name of amarpal Then the property is sold to me. Amarpal gives GPA and SPA to me Ramesh does Agreement to sell and tranfers the will to me Now I want to apply for freehold The requirements are that Agreement to sell and GPA SPA should be on my name which I duly fulfil However the officer says that agreement to sell which is in my name should have been made by Amarpal and not by Ramesh as Amarpal has Power of Attorney However ,my point is that since Ramesh has the Will in his name why he cannot make an agreement to sell in my name. Kindly correct if I am wrong and give your valuable opinion
Asked 4 years ago in Property Law
Religion: Other
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6 Answers
Will takes effect only on death of testator
2) power of attorney holder has to execute registered sale deed in your favour
The problem is you tend to buy a defective property and then try to perfect the title.
Had you taken my advice I would have never told you to purchase this property.
On the basis of sale agreement to someone and then Willin favour of another no valid title accrue even if GPA is given.
Consider yourself lucky if on fulfilling the demand of the local authority your title gets perfect.
You first understand what a Will is.
A Will shall come into force only after the lifetime of the testator.
Therefore Ramesh cannot enter into sale agreement with you.
Amarpal is the power of attorney holder of the original owner hence he is the right person to enter into sale agreement.
Please remember that by just making a Will on somebody's name, that beneficiary cannot become the title holder of the property till the Will shall become effective upon the death of the testator of the Will.
He can make a agreement to sell on your name only if the will is legitimate. It's better to get it probated for more authentication
A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator . It has no effect during the lifetime of the testator
