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Shruti   15 October 2024

Relinquishment vs poa

Hello, 

My father has given me PoA in a civil court case because he's old and cannot bear the stress of court cases. My question is - Can he sign relinquishment deed in my favor so that it serves two purposes - 1. I replace him as respondent in civil suit 2. If he dies while the suit is pending, then I can still proceed in the court case without having to institute my siblings as respondents in the case.

Please let me know. Thanks. 



Quick Summary
This discussion explores the legal implications of using a Power of Attorney (PoA) versus a Relinquishment Deed in ongoing civil court cases. The original poster, acting as their father's PoA, inquired if a Relinquishment Deed could replace their father as respondent and ensure they could continue the case if their father passed away. The responses clarify that a PoA typically ends with the principal's death, and further details about the case are needed to assess the relevance and feasibility of a Relinquishment Deed.

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     15 October 2024

The power of attorney deed is valid only till the lifetime of the principal and not beyond his death.

Hence you cannot skip the procedures of law.

Shruti   15 October 2024

What about relinquishment deed? Can he sign that in my favor while the suit is ongoing?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 October 2024

What is the relevance of relinquishment in this case? What is the case? You have to give details.

P. Venu (Advocate)     15 October 2024

What is the dispute and issues involved in the case? Who are the defendants? Is your father agreeable to your extravgant demand?


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