My father had given Power of Attorney (POA) to a person, in 1991 in respect of ancestral agricultural land. Now both the persons are not alive. I am the legal heir to the property. Will the children of the POA holder have any claim on the property?
K R Subrahmanya (Retired Professor) 09 November 2009
My father had given Power of Attorney (POA) to a person, in 1991 in respect of ancestral agricultural land. Now both the persons are not alive. I am the legal heir to the property. Will the children of the POA holder have any claim on the property?
Anish goyal (Advocate) 09 November 2009
A V Vishal (Advocate) 09 November 2009
The power of attorney ceases with the death of the principal except if interest is created by the principal in favour of the agent, since both the principal & agent are dead now you can claim the property.
H.D.Kumaravelu (Advocate) 12 November 2009
You should first apply for an encumberance certificate from the office of the Sub Registrar in whose jurisdiction the property is situated. If you find any encumberance over the ansetral property by the Power of attorney approach a lawyer and take steps to issue a legal notice demanding your share from the property if it is in the hands of the purchaser. If no encumberance is there you may apply for a legal hier for your deceased father in respect to the property.
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