IS 'IRREVOCABLE POWER OF ATTORNEY' IS VALID AFTER THE DEATH OF ATTORNEY

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 January 2011

A HAS PURCHASED LAND FROM B AND EXECUTED AGREEMENT FOR SALE AND IRREVOCABLE POWER OF ATTORNEY - MADE FULL PAYMENT OF THE AGREEMENT- WITHIN TWO YEARS B IS DIED, NOW MR A WANT TO EXECUTE THE DEED OF CONVEYANCE IN HIS FAVOR BY USING SAME POWER OF ATTONEY, IS THE


Amit Minocha (Expert)
14 January 2011

repeated query

Kirti Kar Tripathi (Expert)
14 January 2011

A power of Attorney is always revocable. In case any such condition (Power of Attorney is irrevocable) exist in POA, such condition is void. Moreover, when person executing power of Attorney is dead. The same ceases to exists power of Attorney act on behalf of executor, he can not become owner of the property as after the death of executor, the property will go to his legal heirs not to Power of Attorney holder.Thus after the death of executor of power of Attorney, New power of attorney is required from legal heirs or legal heir themselves execute the deed .

G. ARAVINTHAN (Expert)
15 January 2011

POA Deed dies with death of any party to the deed

N.K.Assumi (Expert)
15 January 2011

Yes agreed with the members postings, but if the POA is made irrevocable by the principal in a very succinct, plain and clear terms the principal can not revoke the POA. The fact that the principal made it irrevocable with a clear mind and intention in clear unambiguous expression in the irrevocable POA, as such I am of the view that it can not be revoke even after his death in as much as he can not revoke during his life time.

B K Raghavendra Rao (Expert)
16 January 2011

No. Power of Attorney expires along with its executor. It cannot be enforced at any stage after his death.

Advocate. Arunagiri (Expert)
16 January 2011

Yes, the POA dies along with the executor.



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