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K R Subrahmanya (Retired Professor)     09 November 2009

Power of Attorney

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?


 5 Replies

Anish goyal (Advocate)     09 November 2009

POA does not creat any interest. So you r the owner. File a suit for declaration subject to law of limitation.


no Children of POA holder cannot claim property. As POA binds the persons to whom it is so made  not legal representatives

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.


Whether POA is live or alive, legal heirs are the owners of the parents 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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