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bhuushan bankar (advocate)     17 December 2010

irrevocable Power of attorney

kindly forward me some judgement of HC or SC where the irrevocable POA survives even after the death of the agent(developer) principal(land owner) thnks


 10 Replies

natarasan (DISTRICT REGISTRAR)     17 December 2010

P.O.A. can be cancelled at any time even if it is named as irrevocable power of attorney. natarasan tuticorin

1 Like

bhuushan bankar (advocate)     17 December 2010

i dont want to cancel it instead i want to prove that even after the death of the agent as the developer the principal (land owner)cannot terminate it and is bidnig on principal and agent(deaceased)

natarasan (DISTRICT REGISTRAR)     18 December 2010

After the death of the agent theP.O.A.  stands cancelled. so u can't prove

1 Like

bhuushan bankar (advocate)     18 December 2010

the agent was appointed as POA holder as the director of the defendants(developers,builders,engineers)a nd was having interest in the devepolement agreement which is based upon this POA


there are other legal documents are there .  A document is intended for some limited purpose only.  You cannot change the nature (basic) of a document.  The agent draws power based on the principal(if electricity cut the bulb will not glow) So if the principal died the agency will be terminated.

So consult a lawyer to satisfy you legal needs.

Vinod kashyap (Advocate & Legal advisor)     22 December 2010

POA holder only a agent of owner, in case of his death POA will automaticlly terminated. So far there is no legal effect or value of such POA.

bhuushan bankar (advocate)     22 December 2010

principal is alive agent has expired during the course of developement. agent was developing the property in capacity of a M.D. of the developers(abc construction) though the M.D. has expired but the ABC construction has legal interest in the property

nishad (Asst.Manager Legal)     05 January 2011

If the agency is coupled with substantial interest ,the same is irrevocable u/r Sec 202 of the Indian Contract Act even after the death of the Principal

bhuushan bankar (advocate)     07 January 2011

thanks nishad pls udate me if u come across any SC rulings thanks once again for the reply

nishad (Asst.Manager Legal)     08 January 2011

 I guess there should be one posted in latest on S.202

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