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IS 'IRREVOCABLE POWER OF ATTORNEY' IS VALID AFTER THE DEATH OF ATTORNEY (Civil Law)

This query is : Resolved

Author : Anonymous

Posted On 14 January 2011 at 20:40

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

Expert : Amit Minocha

PRO CHAT CALL

Posted On 14 January 2011 at 21:04

repeated query

Expert : Kirti Kar Tripathi

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Posted On 14 January 2011 at 21:24

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 .

Expert : Aravinthan S/o Ganesan

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Posted On 15 January 2011 at 07:57

POA Deed dies with death of any party to the deed

Expert : N.K.Assumi

PRO CHAT CALL

Posted On 15 January 2011 at 09:24

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.