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Can the rights of legal heirs persists once SPOA has been executed
11-Jan-2023 (In Property Law)
I have been given irrevocable SPOA by a person for Bus Permits with vehicles ; it is written in SPOA that i can manage, sold or do any other things being a irrevocable SPOA. I sold the permit with vehicles to my family member during the life time of executant. I as SPOA filed joint application before Government Authority to transfer the permits on the name of my family member. During the proceedings of State Authority the executant died. Now can the rights of legal heirs of executant still persists as i have exercised by irrevocable SPOA during the life time of executant ?
If the person who executed the power of attorney in your favor had died then his legal heirs need to complete the rest of the procedure of lease/sale. Once the principal dies the power of attorney ceases to exist. A power of Attorney is always revocable. In case any such condition (Power of Attorney is irrevocable) exists in POA, such condition is void.
Moreover, when the person executing Power of Attorney is dead, the same ceases to exist. The power of the attorney holder cannot act on behalf of executor. The PoA holder cannot become the owner of the property, as after the death of executor, the property will go to his legal heirs not to the Power of Attorney holder. Thus, after the death of executor of power of Attorney, New power of attorney is required from legal heirs or legal heir themselves may execute the deed.
Your sale in favor of your family member, unless expressed to do so, may not be valid. Ur further joint application in transfer in favor of your family member is ceased on the death of the executor, unless the legal heirs execute afresh.
Moreover, when the person executing Power of Attorney is dead, the same ceases to exist. The power of the attorney holder cannot act on behalf of executor. The PoA holder cannot become the owner of the property, as after the death of executor, the property will go to his legal heirs not to the Power of Attorney holder. Thus, after the death of executor of power of Attorney, New power of attorney is required from legal heirs or legal heir themselves may execute the deed.
Your sale in favor of your family member, unless expressed to do so, may not be valid. Ur further joint application in transfer in favor of your family member is ceased on the death of the executor, unless the legal heirs execute afresh.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What is irrevocable GPA?
The irrevocable GPA will remain valid until the executant dies, which means that it cannot be cancelled during his lifetime. This GPA will automatically be deemed as withheld and not cancelled after his death. GPA holders must have the consent of their legal heirs.
What if the GPA executant dies?
The Power of Attorney is automatically revoked and rendered ineffective upon the death of GPA holder. Even if the GPA holder is still alive, the owner can always exercise his right to register the property. GPA does not pass through the generations, so GPA holders legal heirs are not entitled to anything.
Can a power of attorney holder sell the property after death?
The Supreme Court ruled that on April 22, 2022, those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 20 Oct 2023
Is power of attorney valid if the person dies?
Agents are given limited powers that the principal approves. The person whose will has been written holds the full power. In India, the validity of a Power of Attorney ends with the death of either the principal or agent. 10 April 2023
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