Impleaded legal heir

Generically speaking;POA is dead with the death of principle/agent.

I do agree with your opinion that POA is dead with the death of principle/agent. Is there any ruling by any High Court or, Supreme Court that one can cite for quashing such impleadment? 

 

Mr. Jayachandran,

Depends upon language of the POA. General question can evoke only general answer, whch cannot be made applicable equally on POAs of different nature, as not all POAs are created equal. Many are created as general, durable POAs, while others are made out of necessity of the principal. Better discuss the real problem, if there is any pertaining to POA.

The power of attorney is one given by a wife to a husband for managing all her properties, business interests, and everything else that may may need to be dealt with in managing these things. The power holder husband made a sale agreement to sell a property and eventually, could not execute the deed within the time period applicable in the sale agreement, as the power was cancelled in the interim. The case was filed by the person who had allegedly paid the advance asking the power holder to execute the sale deed. The power holder expressed his inability to execute the deed on account of the power having been cancelled and asked the plaintiff to implead the owner, his wife. The plaintiff didn't implead the owner even after 6-7 years and in the interim, the power holder passed away. His legal heirs have been now brought on record which include his wife and a daughter.

My question of whether the legal heirs can take the character of the power holder relates to the above case.

Q1. Can the impleaded legal heirs who have come into the case after the power holder dies, take the character of the power holder? Can the case be quashed on account of this, at this stage?

Q2. Even assuming the legal heirs can take the power holder's character,  can they execute the sale deed, when the power was cancelled by the owner? (even though the owner is the impleaded legal heir, but brought on account of death of the power holder and not in her capacity as the owner)

Q3. Are there any judgements that have quashed similar cases owing to reasons that legal heirs cannot take the character of the power holder?

Dear Jayachandran,

Your descripttion still needs clarification. Execution date, specified in the agreement is also to be taken care of before arriving at some conclive opinion. You have stated, "The plaintiff didn't implead the owner even after 6-7 years and in the interim, the power holder passed away." Do you want to say that the sale agreement dis not mature within a period of 6-7 years after the agreement? If that be waht was the period allowed in the agreement for execution of sale deed?

Dear Mr.Dhingra,

Thanks. The clarifications are as follows:

1. Date of execution of Power of attorney deed: August 1997

2. Date of execution of sale agreement: October, 2006

3. Date when the sale was to be registered: October, 2008

4. Date when the case was filed: November, 2008. The case made only the power holder as defendant and NOT the owner.

5. Date when Power holder passed away: October, 2011

6. Date when court allowed impleading of legal heirs: April, 2016

7. Impleading of owner: NOT done yet.

I hope the above helps.

Dear Jayachandran,

The power vested with the power of attorney holder is usually valid only for the holder of the power till his life time and cannot be deemed to have been automatically transferred to the heirs, unless any provision in the POA is made or any will executed at the time of POA in the name of any heir of the holder of the POA to be made operative after the death of the attorney.

However, if there is no such provision or will executed in favour of legal heirs, the liability to execute the sale would rest on the owner, as the power vested through POA would stand extinguished automatically after the death of the attorney. But, if the POA contains the provision of right to property of the heirs of the attorney or is willed in their favour, the liability would rest on the heirs of the attorney, not the owner.

Normally, in the case of any property the provision of transfer of property to the heirs also exist in the POA, if no will is executed in favour of a specific heir..

So, to make sure about the liability of the heirs, you may better re-examine the contents of the POA or the will, if any existing.

Dear Mr.Dhingra,

Thanks for your analysis and comments.

1. There is no provision in the POA nor any will executed at the time of POA in the name of any heir of the holder of the POA to be made operative after the death of the attorney.

2. Hence, your point is that it will rest on the owner to execute the sale deed.

3. The question is that the legal heirs have been impleaded in place of POA holder after his death. Can such legal heirs take the character of POA holder and execute the sale deed? The owner has not been impleaded so far. The original case was filed against POA holder and not the owner and as yet the owner has not been impleaded.

 If you could give your inputs on the underlined question, it will help.

In view of your clarification, it can safely be said that the heirs of the POA holder cannot step in to the shows of the POA holder for compliance of the agreement. They seem to be wrongly being implicated, as POA does not confer any right to deal with the property even in the cvase of death of the POA holder. The owner becomes liable to act upon the agreement, as that was entered in to by the attorney on behalf of the owner only.

Rest depends upon the examination and analysis of the language of the POA as well as the petition to understand, on what ground the heirs are being implicated.

Thanks, I do appreciate your opinion.

You are welcome.