Property sold by POA but POA holder dies can that property be Willed

591 votes

How have you done the transaction... it seems B was confused.. if A sells property to B of a leased property in Delhi, the agreement to sell, POA , will everything will be in name of B, then how is the will in the name of C.. please check papers.. if so, then it will be difficult for transfer..as the legal heirs of B will have a claim on the property in the case of death of B. if they consent and raise no objection then it can be done otherwise you will have hurdle..
c has to get the will probated and seek declaration in his/her name.. thereafter it will be transferred in the name of C

Advocate Ashutosh Dubey LawRato

975 votes

C shall have all the rights and interest in the property on the basis of the will as the POA shall cease to exist after death of the original allottee.
however, in the present case, as the property was sold by way of POA, ultimate conclusion shall be figured out after perusal of the contents of such POA. the possession of the property shall also be determining factor.

Advocate Rahul Malhotra LawRato

596 votes

Before forming any legal opinion on the issue, please provide some more information:-
1. Whether some other documents also executed by person A, such as Agreement to Sell, Receipt, Possession Letter, Affidavit, Will etc.? If so, give particulars.
2. Whether any document executed by person A in favour of B states payment of money/consideration?
3. Who has the possession of the flat in question?

A legal transfer of an immoveable property can be made by a registered instrument, such as Sale Deed. So, a Power of Attorney cannot be termed as a legal transfer. But, interpretation of sections 23 & 25 of the Indian Contract Act, 1872 speaks about such agreements coupled with consideration.

Hence, correct legal advice can be given only if all the relevant documents are seen.

Advocate Amrit Pal Gambhir Singh LawRato