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can i cancel irrevocable power of attorney given by my grandmother


25-Oct-2023 (In Property Law)

My grandmother sold the property to builder for developing new building and give the builder irrevocable power of attorney but after 15 years he still not develop the building on that property . And my Grandmother is also dead . So ,i want to know after 15 years can i cancel the irrevocable power of attorney made by my grandmother and builder and under which section ? and i like to know after person dead irrevocable power of attorney will get cancel automatically and if yes then under which section ? thanks for help..

Answers (2)

Answer #1
762 votes
You will have to issue notice to the builder that as your Grandma is deceased the power of attorney becomes infructuous and so you need to give paper notice for the same. Further, you can also file civil suit to cancel the PoA.

Answer #2
574 votes
According to section 201 of the indian contract act, an agency is terminated upon the death of the principal. Thus, from this section, it can be inferred that the POA is terminated upon the death of your grandmother. However, according to section 202 of the Indian Contract Act, if your grandmother had received any money from the builder in consideration for the POA, then the POA would not stand terminated upon her death.

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