The supreme court in the landmark judgment had stated that the PoA/GPA transactions entered into before 2011 may be relied upon to apply for regularisation of allotment/leases.

If the documents relating  to GPA/ PoA have been accepted and acted upon by the authorities they need not be disturbed.

Now your husband purchased the property through PoA and did mutation happen? If yes then you don't have to worry.

-  Good to know that you are aware of GPA based sales. 

Many people came to us for property verification to buy properties based on GPA even now also.

-  Well since your husband purchase was in 1994 and registered in his name then there is absolutely no issue. 

It does not apply to old sales.

Further its been 27 years since purchase.

-   You have original papers but who have possession of the property ?

-   You have to get legal heir certificate/succession certificate to get it registered to your name. 

You have to attach death certificate also. 

Approach seller ask him to execute registered sale deed in your favour 

sale agreement read with GPA does not confer clear and marketable title to property 

1. If he has passed away intestate then on his demise his property has devolved through intestate succession on all his Class 1 heirs. Class 1 heirs of a Hindu male dying intestate are his mother, widow and children.

2. Your query is silent on which Class 1 heirs are alive.

3. If you are the sole surviving Class 1 heir of your deceased husband then all you have to do is apply for mutation of inheritance. You will then become the absolute owner of property.

4. All sales executed through GPA before the judgment in Suraj Lamps case was delivered by the Supreme Court in 2011 are legal.

The Supreme Court Judgement doesn't act retrospective, the Sale Deed which was in favour of your husband stands valid if the same is registered. 

Secondly, if your husband expired without a Will, then you along with your children will be legal heir equally. 

The names in the records can be updated by submitting Death Certificate with Sale Deed. If you want the names to be updated in other records too or want to sell out the property you have the right to sell off your share after taking No Objection Certificate from others. 

Transfer of property in 1994 through GPA/SA/WILL is valid. You have apply for mutation to Municipal  Authority if the property is residential and to the Revenue Authority if the property is agricultural.

Try to get mutation in your name and if that is done the your problem can get resolved to some extent. 

However ti complete the sale you need the original seller or his legal heirs to make a registered sale deed. 

1. This is the risk element in purchasing properties through GPA/Will.

2. There has been no deed of conveyance registered in favour of your husband, since deceased to enable you to claim inheritance. 

3. The said GPA has become invalid as soon as your husband died.

4. You can try to take probate on the will executed in favour of your husband and therefrom yo can claim your inheritance.

Dear Ma'am,

1) Sale made through GPA before the judgement are valid, thus you need to only mutate the property in your name.

2) Submit proper Application to the local Revenue /Municipal authorities for transfer /mutation of deceased property in your name, supported with following documents:

a) Death Certificate,

b) Affidavit cum Indemnity Bond

c) Proof relationship with Deceased

Thank you

Whether it was a old transaction or new i.e., prior to the said judgment or after that, the law states that the title to the buyer of the property can be conferred only by a registered sale deed or gift deed etc.

The sale agreement is not a deed which will enable your husband to acquire the title to the property neither the GPA deed. 

If the property was bequeathed to him by the testator then he should have enforced the Will by following the procedures i.e., by mutating the property to his name through transfer of revenue and other records to his name.

If he has not done these acts, then  it can be termed that he has not acted upon the Will.

Therefore as per law the property still remains with the original owner.

On the basis of the sale consideration paid in full at that time and being in possession of the property ever since, as a legal heir you can demand the original owner or his legal heirs if the original owner is reported to have died to execute a registered sale deed to your name, failing which you can file a suit for specific relief before a court competent seeking direction to the opposite party to register the property to your name on the basis of the documentary evidences in your support. 

- If that property is in your possession , then said Supreme court judgement not applicable in your case .

- Since, long time has already passed , then there is not possibility to get the seller for registering the property in your name. 

- Further, after the death of your husband intestate , his property would be devolved upon all his legal heirs, i.e. you and children if any. 

- You can apply for getting mutation in your name after submitting legal heirs certificate and death certificate.