Irrevocable power of attorney

( 1 ) No

( 2 ) No

( 3 ) Sale deed executed by POA is perfectly legal and valid.

Q 1 No

Q 2 No

Q 3 It is valid.

Prima facie an examination hall question paper, is it your personal problem ?

If so, it is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

Thank you very much for your reply Adv. Goyal Sir. Is it possible that you can share any Courts judgement on a similar scenario.

Generally, an irrevocable power of attorney deed given in favor of a developer is not automatically revoked or cancelled due to the death of one of the principals, but it depends on whether the agent (the developer) has an interest in the subject matter of the agency, as defined in Section 202 of the Indian Contract Act, 1872.

An irrevocable power of attorney (POA) is one that cannot be revoked or cancelled by the principal, especially when the agent (developer in this case) has a vested interest in the subject matter of the POA.

If the developer has a financial stake in the property or project, the POA is likely to be considered irrevocable.

If the developer's interest is established, the death of one principal does not automatically revoke the POA. The POA remains valid and enforceable against the surviving principals and their legal heirs,

Therefore the sale deed executed by the developer in favor of E is considered as legally valid transaction. 

Thank you very much for your reply Dr. Vashista Sir!

Yes, its my personal matter that is sub-judice in the Ngpur Civil Court. "F" is my father.

I have referred ICA, TPA, and POA Act but could not find an answer to my scenario i.e. death of two principals out of four. Thus, took help of LawyersclubIndia!

I will be immensely greatful if you can help me with any Judgement or citation on a similar case like mine.

Just to add - C, D, and E were partners of the development firm. So, CAN WE SAY that all three of them had a implied common interest in the proceeds from the sale of plots from the subject-matter?

Nothing to add more. 

Thank you for your advice Adv. Kalaiselvan Sir! Though the vested inteerst or valuable consideration is not mentioned expressly in the Power of Attorney; but C, D, & E were partners in the development firm. Thus, they had share in the profits earned by selling of plots from the subject-matter. Thus, can we say that they had implied vested interest or common interest? If you suggest, I can share the PDF file of Power of attorney document for your reference. Once again thanks for your help! Immensely greatful!

The law is clear in this regard that the POA deed clubbed with interest is irrevocable even after the death of one or more principals.

The POA deed you refer here is a class example .