POWER OF ATTORNEY / WILL (Property Law)

This query is : Resolved

Author : rajendra

PRO CHAT CALL

Posted On 13 February 2009 at 13:57

Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??

What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"

Expert : ARVIND JAIN

PRO CHAT CALL

Posted On 13 February 2009 at 16:54

NO. POA IS DURING LIFE TIME ONLY.

Expert : AEJAZ AHMED

PRO CHAT CALL

Posted On 13 February 2009 at 17:14

DEAR RAJENDRA,

The document executed by MR.X is Power of Attorney ONLY, 'either it is revocable or irrevocable'. So, there is no transfer of 'Right & Title' on the name of MR.Y.

Now, MR.X is died, so validity period of that POA is also end on death of X.

Therefore, MR.Y can not transact with the third parties against the 'LAND' of MR.X under the said POA.

Expert : Adv.Shine

PRO CHAT CALL

Posted On 13 February 2009 at 17:22

I agree with the above views

Expert : M. PIRAVI PERUMAL

PRO CHAT CALL

Posted On 13 February 2009 at 17:51

I agree with the views of learned friends.

Expert : sanjay singh thakur

PRO CHAT CALL

Posted On 13 February 2009 at 23:47

Dear Rajendra
After the death of Executor the said POA is merely a piece of paper having no value in the eyes of law. This is because POA is effective till the life of its Executor and not after that.

Expert : Hiralal Das

PRO CHAT CALL

Posted On 07 April 2009 at 22:48

Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.