Right of legal heirs of GPA holder on property
2 years ago
Hello,
I am about to buy a property from seller. On the same property owner gave GPA to his father and GPA is not revoked.
Now GPA holder died and real owner (son) is selling property. Owner belongs to Muslim category and i am Hindu
1.Is there any legal issues in this transaction?
2.Can legal heirs of GPA holder can claim right on property?
3. Can GPA be revoked now i.e. after GPA holder demise?
4. Is there any complications for religion ?
Devesh Tripathi
Responded 2 years ago
A.As far as religion is concerned there is no bar as such.
Power of attorney can be given to a person only for operating certain or all works but it ends on the same day and moment either of two dies or person who gave it has revoked it. There is no legal heirs right on power of attorney.
Power of attorney can be given to a person only for operating certain or all works but it ends on the same day and moment either of two dies or person who gave it has revoked it. There is no legal heirs right on power of attorney.
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A.1. There does not seem to be any issue as per the information provided by you
2. No they cannot
3. Post demise of the GPA holder the PoA is defunct.
4. Don;t think so unless some more info are hidden in papers.
2. No they cannot
3. Post demise of the GPA holder the PoA is defunct.
4. Don;t think so unless some more info are hidden in papers.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After Death of GPA holder that Power of Attorney became inoperative and revoked automatically for ever.
Besides that even when the GPA holder remains alive, the Owner always can exercise his right to transfer the property in Registered manner.
GPA is not hereditary so GPA holder's legal heirs cannot claim anything.
Religion is not a bar to transfer the property.
Besides that even when the GPA holder remains alive, the Owner always can exercise his right to transfer the property in Registered manner.
GPA is not hereditary so GPA holder's legal heirs cannot claim anything.
Religion is not a bar to transfer the property.
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A.Dear client,
1. The GPA is not transactional and does not pass down to the son
2. No, the legal heirs of the GPA cannot claim a right on the property
3. Yes, the GPA will be revoked
4. No
Thank you.
1. The GPA is not transactional and does not pass down to the son
2. No, the legal heirs of the GPA cannot claim a right on the property
3. Yes, the GPA will be revoked
4. No
Thank you.
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