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Manabendra (Legal assistant)     21 December 2017

Power of attorney by notary

Whether Power of Attorney registered by a Notary Public in respect of authorization by a father to sell his land is valid or not even after his death?


 8 Replies

S K KARNjhc (Legal Adviser)     21 December 2017

You have tagged to be a legal assistant & putting such trivial question, which questions to be your tagged, sorry I don't want to say, You should know the nature of power of attorney & its types, thanking you

R.Ramachandran (Advocate)     21 December 2017

Pl. note the Power of Attorney is valid only till such time the grantor of the Power of Attorney is alive.  The moment the Grantor expires, the Power of Attorney loses its validity.

Advocate Bhartesh goyal (advocate)     21 December 2017

Power of attorney is not valid and sale of land by such notarìsed poa ìs also ìnvalid in eye of law.since documènt of sale deed ( for immovable property) is compulsorily registrabĺe u/s 17 of Regìstration Act for execution of any document which is compulsorily required registered, poa must be registered by sub registrar.
1 Like

Advocate Bhartesh goyal (advocate)     21 December 2017

After the death of principal, power of attorney autòmatically expires and loses it's validity.

Manabendra (Legal assistant)     21 December 2017

Thank u sir. I got my reply.

Manabendra (Legal assistant)     21 December 2017

Thank u sir. I got my reply.

Kumar Doab (FIN)     21 December 2017

The unregistered PoA for sale of immovable property by principle to agent is invalid.

PoA can be said to be dead  with death of principle.

The agent has to maintain trust of principle.

Umar   05 June 2019

Dear Sir,

As per my knowledge, The Power of attorney automatically cancel at two stage 

 

First - Death of any person (Executant or Power of Attorney Holder)

Second - If the Power of attorney Cancel by both the parties.

 

and for Notary and Registered power of attorney You should consult with conveyancing pratitioner

 


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