Power of attorney

Ajay shah... (Querist) 02 August 2014 This query is : Resolved
my grandmother ,my Father and paternal uncles owned a some plots jointly, which they gave to a builder for development( kind off sold it to him ) via power attorney in 1990.Grand mother passed away in 1991, and the builder has been making sale deeds on the basis of power of attorney till date.

Q1) Is it valid to use the power of Attorney after death of any of the member?

Q2)What actions can be taken, if the builder has misused the power of Authority ?

Thanks & regards

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Devajyoti Barman (Expert) 02 August 2014
1. POA ceases to exist in respect of share of your grandfather. it can be cured if her legal heirs confirm the sale.
2. POA can be revoked.

Raj Kumar Makkad (Expert) 02 August 2014
The builder is not only making fraud with the buyers but also with the legal heirs of your grand-mother after hr death hence either of the legal heirs of your GM or buyer can file a criminal case under section 420/467/468/471 IPC against him with the suit for declaration seeking setting aside all such sales made by using GPA of your GM after hr death.

Rajendra K Goyal (Expert) 02 August 2014
Well advised, agree with the experts.

ajay sethi (Expert) 02 August 2014
on your grand father death POA ceases to operate . subsequent sale by builder on basis of POA is illegal

Dr J C Vashista (Expert) 03 August 2014
Very well advised by Sh. Raj Kumar Makkad, Devajyoti Barman and Ajay Sethi, I agree with the experts.

T. Kalaiselvan, Advocate (Expert) 03 August 2014
Mr Ajay Sethi Sir, it is grandmother and not grandfather, also it was a joint POA and only the grandmother died. However even under this circumstance, the POA deed stands revoked because of the death of one its principals. I endorse the view of expert Mr Barman on this issue.

prabhakar singh (Expert) 03 August 2014
A Power of Attorney cannot be used to transfer property upon the death of the Principal.

Advocate. Arunagiri (Expert) 03 August 2014
Three of them given a GPA.
Out of this one died.
The agent can operate his GPA to the extent of the share ie. 2/3 of the remaining principals.

Raj Kumar Makkad (Expert) 03 August 2014
The view expressed by Arunagiri is absolutely correct. All principles giving FPA have not revoked their GPA. o transaction can be mae on the part of deceased.

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