Power of Attorney

This query is : Resolved 
 

(Querist)
23 February 2019

Hello,

Can some one explain type of power of Attorney. is there something called Irrevocable power of Attorney?

Is Irrevocable POA valide after death of of one who has given POA. Can leagal nominee claim for land despite owner has given irrevocable POA to purchaser with all rights?

If so how to tackle this.

Regards


kavksatyanarayana (Expert)
23 February 2019

If the person who executed the POA (Principal) is expired the POA will be automatically cancelled. It is not valid.so the question of legal nominee (Agent of that POA) claim does not arise.

Hemant Agarwal (Expert)
24 February 2019

1. IF the Owner has given POA and IF the Owner has expired, THEN the POA becomes null & void. Depending on the clauses, POA is always "revocable". However a action /deal /transaction completed on behalf of the Owner, by the POA holder is "irrevocable".

2. AFTER the POA has lapsed, the "Nominee of Owner" can claim the property, by following due procedure of law and the succession laws.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Expert)
24 February 2019

PoA shall lapse with the grantor.
What is the actual problem/ dispute ?

rajeev sharma (Expert)
24 February 2019

If the person in whose favour PoA is given has any interest in the subject matter of PoA then it is irrevocable during the life time of principal. The PoA will not sustain after the death of principal.

Afreen (Querist)
27 February 2019

Thanks all for the update .. I am trying to purchase a property in pradhikaran in PCMC pune and has a clause that it cannot be transferred for 5 years after sale deed is done.. Owner is giving me full POA to do all the construction and transfer as well. But my concern was if the owner dies within 5 years then will my transfer of property on my name stop?? Also if legal nominee come to claim the property how i woll tackle as property is not transferred..

SHIRISH PAWAR, 7738990900 (Expert)
05 March 2019

There is risk in such type of transactions. POA gets cancelled after death of person.



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