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Is POA agent bound to notify court about death of Principal
11-Jun-2023 (In Civil Law)
There is a civil case of plaintiff vs two respondents. I am daughter of Defendant no. 1. Defendant no. 1 gave me special power of attorney to represent him, and the original POA was submitted to the court and now resides in the court files. This POA is NOT irrevocable. This case is still going on and Defendant no. 1 has died of old age. I have collected the Death Certificate from the Municipal Corporation. MY QUERY :- Am I bound to inform the court about the death although my POA is now invalid ? How will the court get to know that the defendant no. 1 has died and his POA given by him to me is now invalid ?
Your POA is not invalid, but you should inform the court. Since you are the legal heir of Defendant No.1, then your name has to come on record. If you are not the only legal heir of the defendant no.1 then all your siblings also has to be included as legal heirs of defendant no.1. For any further clarification and detailed advice kindly book a consultancy call.
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Power of attorney holder is an agent of the person who executes the POA. The agent has to act according to the terms n conditions of POA. The agent sits in the shoes of the principal. The agent has to state to the court that the principal is no more.
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Adv. Kavita Kulkarni
Pune | 100+ Answers
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It's the duty of your advocate to inform the court regarding the death of your parents or the defendant.s the death certificate has to be produced before the court on demand. Yes as the person or defendant.s expire case is dismissed automatically as the person is no more.
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Adv. Ashwini Avinash Kor
Thane | 25+ Answers
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As per your query you have mentioned that you are the POA holder of the Defendant No. 1 and the Hon'ble Court is not aware of the fact of the same, then it is your duty to inform the same to the Court and latter the Plaintiffs or his advocate have to bring the legal heirs on record by making a proper application as per CPC.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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