cpc

cancelling power of attorney by legal heir


Father inherited ancestor properties located at many places. He has one son and one daughter. Father died without leaving any will. Son took NOC from his sister and mother and sold some lands and transferred remaining properties to his name.

 

Recently, son came to know that a property, which was considered sold by his father several years back was not actually sold, but only a Power of Attorney was given to that person in exchange of some money. Now, the question is:

 

1) Whether the PoA is still valid and whether the son can cancel the power of attorney and get back his property?

2) Whether the said property can be sold by the son without his sister and mother's signature, as they had earlier signed the NOC prior to knowing about the status of the said property?

 

Please clarify. thanks

sekar

 
Reply   
 
Advocate

Dear,

 

Need to go through the POA in order to reply, please send me a copy of POA at advocate.kapilc@gmail.com.

 

Advocate Kapil Chandna

9899011450

 
Reply   
 


Advocate

The power of attorney deed executed by a principal to his agent stands automatically cancelled upon the death of the principal who execute the said deed.  If the property was not  sold/alienated by the POA agent during the life time of the principal, and there are no restrictive clauses imposed in the said deed, the said property will devolve upon all the legal heirs of the title holder who died intestate.  Under such a situation, your mother and sister have to relinquish their rights over the property by executing a registered release deed once again in your favor, thereafter you are eligible to dispose of the property as per your desire.

 
Reply   
 

POA CANCELLED  ON THE DEATH OF BY WHOM IT EXECUTE.

 
Reply   
 

@kalaiselvan,

Thanks for your comments. 

The property was sold by the POA agent to someone else when the principal was alive. Can the legal heirs of the principal are eligible to cancel the power of authority and get back the property?

 

please advise

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x