'X' has given power of attorney (registered) of his own land to his brother 'Y'. The next month, 'Y' has made a will deed (unregistered) to his daughter and made a notary of the will deed. The will deed was signed by 'X' as a witness. The next year 'X' died.
Kindly clarify -
(1) Is the power of attorney valid after the death of 'X' ?
(2) Is the Will valid made by POA holder ?
(3) Does 'Y' have the right to sell the land ?
(4) If 'Z' wants to buy that land, what documents are to be collected and verified in this case ?
1.The POA will get revoked on X's demise.
2. A POA holder cannot execute a will and the instrument is legally not valid
3. Y does not have any right to sell the land
4. Z has to take the consent of legal heirs of X prior to purchasing the land . All the legal heirs must come to sub registrar's office to execute the sale deed in favour of Z. Z should also look into the details of the peorperty as to whether any previous encuberances are present and the nature of the property.ie self acquired or ancestral.
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| Originally posted by : Advocate Vishnu | ||
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1.The POA will get revoked on X's demise. 2. A POA holder cannot execute a will and the instrument is legally not valid 3. Y does not have any right to sell the land 4. Z has to take the consent of legal heirs of X prior to purchasing the land . All the legal heirs must come to sub registrar's office to execute the sale deed in favour of Z. Z should also look into the details of the peorperty as to whether any previous encuberances are present and the nature of the property.ie self acquired or ancestral. |
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Thankyou for your valuable guidance. But, need some more clarification. The will is also signed by X who is the principal. If that is the case, is the will not valid? Because the principal / actual owner himself agreed for the will.
If Y has no right to sell the land, then even with consent of legal heirs of X, can Z buy the land? Is the purchase legally valid?
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