manu (advocate) 04 October 2008

order 22 rule 1

Sirs,

suit for injunction is filed against my client seeking to restrain him from executing any documents or to do any acts or things in persuance of the power of attorney which is alleged to have been executed in his favour.when the suit was pending my client expired. and i think the death of my client will cause the suit to abate. but in order to prove this point first i have to prove that the rights conferred on my client under general power of attorney were personal rights of him and do not devolve upon any one else.

my specific query is, is there any decision wherein it is said that rights conferred under power of attorney are the personal rights of the holder of the power of attorney and it doesnt devolve upon anybody else.???

regards

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5 Replies

Kiran Kumar (Lawyer) 04 October 2008

well friend, in my opinion its quite a basic law that the powers conferred by a Power of Attorney are confined to the POA holder only. such rights dont travel by inheritance.

i ll try to find some explanatory judgment for u.

SHEKHAR MISHRA (public servant) 05 October 2008

I agree with Kiran.

prof s c pratihar (medical practitioner &legal studies) 07 October 2008

please go through the judgment--(western india theatres vs isharbhai--AIR1959 Bom 386)

manu (advocate) 07 October 2008

thnk u sirs

Sushil Kumar Bhatia (Advocate) 21 October 2008

The power of atorney has no absolute right in the title of the executant called as principal ,as such the POA holder will be appointed only to perform some act on behalf of the principal given in POA if the executant died before performing such act/s the power of attorney automatically become infructuous,as such principal can discharge the holder in his life time by revoking the POA or after his death it automatically cancelled and in reverese if Power of Attorney holder died before performing such act/s The acts given in the attorney cannot in any mean be devolved upon his heirs as such POA is not inheritable