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will a registered POA still be valid after the death of the principal
03-Jun-2023 (In Property Law)
Hello ! I (Hindu) want to know that 1) will a registered general​/specific POA still be valid after the death of the principal, where agents are legal heirs of the principal. Or it gets terminated ? Principal : my father Agents : me, my 4 siblings and my mother 2) In the process of Registering a POA, does the court verify the principal's ownership over the property, against which the POA is made ?
First of all a person who Is/are the absolute owner of a property he may make a POA . But after death his right , title interest over the property inherite to his heirs. So the POA has no effect after the death of POA maker. Actually POA can registered at the registration office before the registrar. But recently supreme court give a very important verdict about the POA. For further details you may consult a civil lawyer.
Thank you.
Thank you.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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What not to do when someone dies?
1 DONT tell their bank. ...
2 DONT WAIT to contact Social Security. ...
3 DONT WAIT to contact their Pension. ...
Do not tell the utility companies. ...
5 Do not give or promise anything to your loved ones. ...
6 Do not sell their personal assets. ...
Do not drive your vehicle.
Can I withdraw money from a deceased person's bank account?
If you are not a joint account owner or beneficiary, a court will grant you permission to withdraw funds from the account. An executor, for example, must provide proof of executorship and a certified death certificate in order to collect money and deposit it into an estate account. 27-Jul-2023
What happens if Power of Attorney is used after death?
In this case, the power of attorney does not remain valid after death. The power of attorney is invalidated after the death the person who granted it.
What happens to bank account when someone dies?
The bank will release the funds to the beneficiary if the account owner has designated someone. The financial institution will then close the account. The process may be more complex if the owner did not name a beneficiary. 10-Jul-2023
It is absolutely clear in law that POA if any granted either registered or unregistered shall come to an end of its operation immediately after the death of the guarantor of POA. As per the present prevailing law of our country the guarantor must remain present at the time of registration of document. By way of POA ownership could not be determined. It can only be determined by way of deed of conveyance, Patta, Bengali Kabala, Parcha, etc.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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The power of attorney is a legal instrument created/to be created strictly in accordance with the provisions laid down under the power of Attorney Act 1882 as amended as on date.A Power of Attorney is automatically terminated if one of the parties to the instrument dies or becomes insane, the principal becomes insolvent or bankrupt,any condition in the instrument is breached, the business for which the instrument created comes to an end.Therefore, after the death of the principal, the POA is automatically terminated/revoked.For your second query, the answer is "yes".He is to substantiate his legal right to the property in question.Should further clarification is required contact me through lawRato only.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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After death, a power of attorney ceases to have effect. After the death of the principal, you can no longer act legally on their behalf. However, someone needs to still manage the estate or affairs of the decedent.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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