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Author Topic: Is the General Power of attorney document valid without consent of legal heirs  (Read 1996 times)

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Offline michael

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I am planning to buy an under construction property in bangalore. This is a joint development project. The builders and Land owners have signed a Joint development agreement (JDA), general power of attorney (GPA) document in favor of the builders, giving the right to build the apartments and sell them.

In the JDA the builders have included the legal heirs of the owners of the land. Say X is the owner and Y is wife, and A, B, C are the legal heirs. So JDA states that the owner X and Y agree to construct residential apartments jointly with the builders. The legal hiers A, B and C have given consent by signing the JDA document.

This property has been inherited by X from his father through a partition deed. He has then gifted a part of the property to his wife Y and it is registered in a gift deed. So ,the owners of the land are both X and Y.

In the GPA, X and his wife Y are declared as the owners of the land (first party) and are empowering the builders with the right to construct and sell the apartments built on the land.

The GPA and JDA have been executed in the same day ? Does this mean that the GPA has been executed with the knowledge of legal heirs.

Is the GPA valid without the consent of legal heirs ?
Could you please let us know the legal impact of this ? Can we go ahead with the purchase ?

Offline kphk

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As you say the property has been inherited, you cant prevent legal heirs from getting a share of that property. Ofcourse once they become major they can demand their share. X and Y can never be owners of the property and the gift given by X to Y is also not valid. As, the property that X inherited belongs to all the legal heirs and since there are three legal heirs, each individual gets 1/4th share. X being the owner of only 1/4th share, the gift given by him to Y is valid only to that extent. No matter what they write in the agreement, it will not hold good when challenged. However, there are exceptions to this rule. If a dispute crops up in the future, X has to resort to them but his position would still be hanging in a balance. You can go ahead with the purchase, but beware that legal heirs will also have a share in it and also your consent will not bind other legal heirs as they have individual rights.
« Last Edit: January 04, 2015, 07:38:56 AM by kphk »


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