(Querist) 29 December 2017
This query is : Resolved
Hello Sir, I have query regarding power of attorney. There is a three person in the story. Mr. A ( Vendor), Mr.B ( Power Of Attorney Holder), Mr.C (Purchaser). Mr A has signed & registered a General power of attroney in 1998 in the name of B to sell, transfer & take legal action in the favour of his property. And one clause was mentioned in the power was not to revoke the power. In 2004, Mr. A dies. In 2008, Mr B sells the property to Mr.C by using the mentioned general power of attorney. So, my question is that, can Mr.B use the general power of attorney to sell the property to Mr C.
(Expert) 30 December 2017
sale effected by irrecoverable POA is valid. But a sale effected by revocable POA or unless supported by valuable consideration and substantial tersest in the subject matter unless 9t is reduced in writing is same revocable POA. And sale effected by B or some POA is invalid. And death of donor ends POA.Of the Donne POA has taken valuable consideration and substantial interest in the subject matter of POA death of donor doesn't end POA.IN the instant case as soon as A dies B loses all rights and interest in GPOA and powers of POA ends.