Nabajit Barman 28 September 2021

power of attorney

the landlord gave the power of attorney to a builder to construct flat in his plot of land. but suddenly the landlord died.now is that power of attorney valied now? if not can we make a new power of attorney with his wife. kindly help.

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3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 28 September 2021

Hello,

The power of attorney is not valid now as the owner of plot has died if the power of attorney purpose is not accomplish. You can get the power of attorney of wife only after transferring the plot in his wife name. You have to get legal heirship certificate from court.

Advocate Bhartesh goyal (advocate) 28 September 2021

Yes, In the even of principal's death power of attorney automatically terminates so now power of attorney is not valid. Wife can give power of attorney when she acquires rights of ownership.

Kevin Moses Paul 28 September 2021

As per your query let me inform you that the answer to the question regarding whether a Power of Attorney (POA) is valid after the death of person who executed it (i.e. after the death of the donor of POA) is "Yes, it becomes invalid".
In accordance to law, a Power of Attorney becomes invalid after the death of the donor / principal.
This is because the POA Act does not state when a power of attorney is irrevocable, essentially, a Power of Attorney is revocable like any other contract.

Henceforth, on a bare reading of the section it is signified that the POA is terminated in the case the principal or the agent of the POA dies.

Hope It Helps!

Regards,
Kevin M. Paul