PoA for consideration subsist after the death ?
Chhaya Soni
(Querist) 18 April 2009
This query is : Resolved
Respected lawyers,
If a land owner executes a registered PoA in favour of another person giving rights to sell the landed property for a consideration, and the another person sells to third party for the same or more consideration, I just wanted to know whether such PoA remains subsisted and valid if before or after the sell to third party an original land owner dies. The PoA is for consideration, i.e. the original owner has recieved consideration for execution of such PoA from the another person.
A V Vishal
(Expert) 18 April 2009
Yes, the POA can subsist beyond the death of the principal since the POA is executed for consideration.
adv. rajeev ( rajoo )
(Expert) 18 April 2009
POA WILL be valid. Here PoA is executed in the name of another person, who sells the property to thrid person. It is valid sale. This Poa will be valid and subsisted befoe or after the death of original owner. But the PoA holder cannot use such PoA after the death of the executant, because it will loose it's validity.
Y V Vishweshwar Rao
(Expert) 18 April 2009
The legal heirs of Owner- Principal to execute the new/fresh POA in favour of the Same Power of attorney !
If there are no legal heirs of POA-Executor to again execute POA in favour of the same Power of Attorney Holder - what is the position of Power of attorney holder to complete the Sale transactions and to execute the Sale Deed as scheduled before the death of Principal / Owner
Please express your Views
M. PIRAVI PERUMAL
(Expert) 18 April 2009
I agree with the views of Mr. Vishal and Mr. Rajeev.
