Power of atorney
bikashshaw
(Querist) 19 September 2016
This query is : Resolved
A property of two person (A & B) jointly given a power of atorney to (C) a devloper to construct the entire property, what happen if one of property owner (B) DEAD. can this power of atorney is valid.
Pls give ur valuable suggestion.
bikashshaw
(Querist) 19 September 2016
A property of two person(A & B) jointly given a power of atorney to (C) a devloper to construct the entire property, what happen if one of property owner (B) DEAD.
can this power of atorney is valid. Pls give ur valuable suggestion.
Ms.Usha Kapoor
(Expert) 20 September 2016
Dear Client,
You can continue by survivor ship as joint tenants.
Joint tenants with rights of survivor ship, frequently abbreviated on account statements as "JTWROS," means that if there are two or more owners on the asset and one owner dies, then the surviving owner or owners will continue to own the asset and the estate and heirs at law of the deceased owner will receive absolutely nothing. All that the surviving owners will need to do to remove the deceased owner's name from the asset is to show a death certificate or record a new deed which indicates that one of the joint tenants has died.
P. Venu
(Expert) 20 September 2016
Is this a real time query!
bikashshaw
(Querist) 20 September 2016
But (B) Person have three son after his(B) dead can their son automatic enter his first POA or Developer (C) need to new POA from (A) and (B) three son.
Rajendra K Goyal
(Expert) 20 September 2016
POA comes to an end after the principal is expired.
The property of deceased belong to his legal heirs after him.
bikashshaw
(Querist) 20 September 2016
(1) My question is when one of property owner is dead his POA is valid.
(2) without dead person or his legal hirears can devloper sell the flat.
Shashikant V. Patil
(Expert) 20 September 2016
1)POA is valid to the extent of alive owner. 2) After mutation of effect of dead person legal heirs entered in record , then only can sell the property.
Raj Kumar Makkad
(Expert) 21 September 2016
It shall be better to obtain POA of the legal heirs of deceased on the part of C.
If apart from POA, any other agreement exists, the same is valid and legal heirs of deceased are bound by its terms.
Rajendra K Goyal
(Expert) 22 September 2016
(1) My question is when one of property owner is dead his POA is valid.
Ans: POA is not valid after principal is expired.
(2) without dead person or his legal hirears can devloper sell the flat.
Ans: Full language of agreement if exist need to be referred, in absence of agreement, can not sell.
Guest
(Expert) 22 September 2016
Mr. Bikashshaw,
ACADEMIC QUERY!
Can you clarify, how you are related to the problem or with A,B, or C.
I don't think, it is a real problem and you have even a remote concern with the problem.
If, there is even a slight truth in your story, discuss what is the real problem, its background and the present status.
Rajendra K Goyal
(Expert) 23 September 2016
It seems the author preferred not to reply the questions from experts, the query be stand resolved in such case.
Raj Kumar Makkad
(Expert) 25 September 2016
The constant silence of the author is an indication that the query is hypothetic having no relation with the author.
bikashshaw
(Querist) 28 September 2016
Sorry for ur valuable feedback. Now its not a time pass platform i have involve in this case. Its a flat purchase case A and B is landloard and C was developer and myself purchaser. When i enter in aggrement of sale i dont know that the B is dead anyway i paid the C devloper Rs. 1010000/- from 2012 to 2014 but still he not handover my flat to me and demand another 17 Lac to me wd some fake bill flat coast arrounding 16 Lac.
I have lodge a case in consumer court in aprail 2016 and yesterday i have lodge a F.I.R. against C builder u/s 468,471 and 420 based on the fact that builder knowingly involve me in sale aggrement after the B is deed and still not handover my flat.
Thanks
bikashshaw
(Querist) 28 September 2016
Thanks for your valuable feedback.
Raj Kumar Makkad
(Expert) 28 September 2016
You have not mentioned the subsequently posted facts earlier and how can you expect that we even know that you have filed FIR and consumer complaint without your disclosure?
Rajendra K Goyal
(Expert) 29 September 2016
Can wait for the outcome of FIR and consumer complaint. You are on the right track.
Guest
(Expert) 29 September 2016
You should not have expected the experts to guess whether you have filed a consumer case or the FIR. Completwe background was required to be given by you at the very outset in your original post.
Even now, nothing can be suggested with examination of your case related documents, including FIR.
By the way, what is the opinion of your own lawyer for your consumer forum case?
Rajendra K Goyal
(Expert) 29 September 2016
material facts need to be disclosed in the query initially.
bikashshaw
(Querist) 02 October 2016
Sir i was not very well in english so im trying to do so in sort its my fault that i have not mention whole seen.
Guest
(Expert) 02 October 2016
If not very well in English, discuss in your own language with your own lawyer to help you appropriately.
Rajendra K Goyal
(Expert) 02 October 2016
Can discuss with local lawyer in detail.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 September 2016
