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Kartheka (HR Executive)     31 July 2014

Query on power of attorney and legal heir claim

1) Is the irrevocable power of Attorney is valid after the death of the principal person.

 

2) Mr. A has given irrevocable Power of attorney along with his family members (1 brother, 3 sons, 3 grand sons & 4 brother's sons) to Mr. B in the year 1982 for selling his vacant land of 7 acre. 

 

3) Mr. C has purchased 1 plot (1 ground) from Mr. B in 1998 (through 40 month monthly EMI), and got patta in 2004 on his name for the same. Mr. C is paying the Property tax, water tax, house tax, etc for past 17 years.

 

4) Now all of a sudden Mr. X claims himself to be the grandson (who has born after 1985) of Mr. A and says that Mr. A has passed away in 1989 so the sale deed of the land purchase is invalid and threatening Mr. A that he should pay him 50% of current land value or hand over the land to him if he pays 50% of the land value, otherwise he will get stay from the court.

 

5) When Mr. C claimed that he has patta on his name for the land and also the POA given by his grandfather is irrevocable so he cant claim the sale deed is invalid, Mr. X all of sudden says that he the legal heir of his father and he has all the right to claim his grandfather property which is sold without his knowledge.

 

Kindly advice me proper way to handle this issue. Also confirm whether the POA is valid after the death of the principal and under which clause a grandson can claim his right on the sold out property of his grandmother.

 

I will be grateful for you valuable and timely help on this regards. Thanks in advance

 

Regards

Kartheka R

kartheka.r@gmail.com

 

Kartheka R



Learning

 3 Replies

Subash M R (Advocate)     31 July 2014

1) A grandson cannot claim on property of grandmother or grandfather during the period of his/her father is alive. 2) In the case of an irrevocable PoA after the death of the principal person,it does not get automatically cancelled unless other legal heirs of the principal person consented to it.

Thanking you,

Kartheka (HR Executive)     31 July 2014

Hi Mr. Subash 

Thanks for your prompt reply. I still have clarification on this issue and i would be grateful if the same is been clarified too. Thanks in advance.

1) Actually both the grandfather and his father has passed away (his father name is been included in the POA given to the Agent) now the grandson who has born after the POA date is claiming his right over the property. Is it correct? If yes under what basis he can claim for the same?

2) The irrevocable POA is accepted and signed/ LT thumb impression by 7 people including the principal owner his brother, his sons & grand sons along with his brothers sons (above 18 yrs) and 5 minor sons & grandsons for whom their respective father has signed/ LT thumb impression on there behalf in 1982. The main person on whose name the POA is drawn has passed in 1989. The sale of deed has been executed in 1998 between the POA Agent and the buyer and the Patta is been issued in 2004.

Now after 17 years the principal persons grandson (he has after the POA) is raising the issue to buyer stating that the POA is expired  after the death of the principal in 1989 so the sale deed is invalid. Is it correct or not? if its correct then how?

Regards

Kartheka R

Sekar (Self)     01 September 2014

@kartheka

Our case is similar to yours. Even i wanted to know! Did you get any answer?


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