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Gave POA to cousin can his legal heir claim property after his death
11-Jun-2023 (In Property Law)
My father had an ancestral property. after his death,his two daughters that is me and my sister got the power. In 1995 we both gave the power of attorney to our cousin because we came to know that our property was captured by naxalite. He was a localite so we thought he might help us but he said that he failed to sell any part or re register it on his name because of naxalites. In 2001 he died. In 2013 we came to know that now there is no naxalite and the land is free. Now my cousin is dead and he had the attorney so now can we both sisters do anything?
In case you have given power of attorney to your cousin and he is dead, the power of attorney will also cease. Power of Attorney cannot be transferred to their legal heir. Power of attorney is a document which allows a person to act on behalf of the owner of the property. The ownership rights is not transferred through POA.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Power of Attorney does not survive on the holder's death. You can alienate the property as per your wishes, since the power of attorney is not in existence anymore. Your cousin's legal heir cannot stake a claim on the property now, as no power of attorney has been executed in their favour.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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