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Dwaipayan Banerjee (Advocate & HR)     25 June 2013

Power of attorney

If a person gives a POWER OF ATTORNEY to another person regarding the maintenance, execution etc. as he was staying out of India. The person on whos name the Power was given was executing, signing, maintaining all his movable and immovable properties in his absence.

Now, the person who was staying out of India died all of a sudden without a WILL.

Now, the caretaker or the person on whos name the POA was given can transfer all the movable and immovable properties in his name?????????

Can the successors of the dead person claim for his property according to the Succession Act????

Can the successors of the dead person claim for PROBATE of the deceased person's property according to the Succession Act???? 



Learning

 6 Replies

narendra.s.p (Chief Manager(Law))     25 June 2013

For Transfer of Immoveable property, the PoA should specifically authorise the PoA holder to sign and execute sale deed in respect of immoveable property owned by the Principal [executant]. The PoA is not valid after the death of the executor of PoA. Any transfer of property [sale deed etc.,] would be void transaction if it is executed by  PoA holder after death of executor.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 June 2013

The successors of the dead person have to obtain succession certificates in the absence of WILL, then only the claim of deceased property.

Adv k . mahesh (advocate)     25 June 2013

The power of attorney is only an agent working for the executor and he has only lilmited powers against the said immovable and movable properties and once the executor demise the POA is automatically cancelled in the eye of law and the legal heirs come into picture and they have every right to take possession and also sale the property and in any case poa wants to transfer in poa names then is unvalid and anytime the legal heirs can question and you have to face legal problems in future 

and if the executor has not written any will the legal heirs can obtain succession certificate from court and take possession through court 

 

Adv k . mahesh (advocate)     25 June 2013

The power of attorney is only an agent working for the executor and he has only lilmited powers against the said immovable and movable properties and once the executor demise the POA is automatically cancelled in the eye of law and the legal heirs come into picture and they have every right to take possession and also sale the property and in any case poa wants to transfer in poa names then is unvalid and anytime the legal heirs can question and you have to face legal problems in future 

and if the executor has not written any will the legal heirs can obtain succession certificate from court and take possession through court 

 

Manpreet Singh Sood (Managing Partner)     25 June 2013

Sir is succession certificate available for immoveable property also.

Dwaipayan Banerjee (Advocate & HR)     25 June 2013

Thanks everybody for the reply and clearing me the doubts.


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