Is will a legal ownership proof?
Question asked by Mr. K.P. Singh from India:
Dear Sir/Madam, Is the GPA + Will is the legal ownership proof & the seller could not claim it ever?
Thanks
K.P. Singh
Vatsala Answers:
No, that is not correct. A general power of attorney is of two types, one is coupled with an agreement to sell (or given for consideration) and the other is given without consideration, often to a friend or relative. The first type is irrevocable, but there are instances of these too being revoked by public notice. A will cannot take effect until the testator dies and is subject to constant revocation and cannot be relied upon at all. After the death of the testator, however, it becomes a legally binding document, whether it is unregistered or registered. More background information is required to answer your question satisfactorily.
Vatsala
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