RK (Learner) 08 January 2013

Purchase of land of poa and will

'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 ?

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2 Replies

Advocate Vishnu (Advocate) 09 January 2013

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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RK (Learner) 09 January 2013

Originally posted by : Advocate Vishnu
	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.

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?