Is power of attorney valid after death of the owner of the property ?

Question

Is power of attorney valid after death of the owner of the property ?

08-Jul-2024 (In Documentation Law)

My dad had a plot in his name ,however he signed a power of attorney in 2001 with a fixed rate . Unfortunately he died and so will the power of attorney will be valid . So now the property automatically comes under his wife and children's name ? What is the power of attorney validity after death in legal contexts? Hindu by law.

Answers (4)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-08T12:57:19+05:30

A Power of Attorney (POA) in India generally becomes invalid upon the death of the principal the person who granted it. Once the principal passes away, the authority of the agent ceases, and they can no longer act on the deceased's behalf. This ensures that the deceased's affairs and property are managed by the appropriate legal representatives, such as an executor or administrator of the estate. An exception exists for a POA coupled with an interest, where the agent has a vested interest in the subject matter; in such cases, the POA may continue to operate despite the principal's death.

Advocate Pradipta Nath LawRato · Accepted Answer · 2024-07-08T12:57:19+05:30

Answer #2

Though the POA Act, 1882 is silent on the consequences of the death of the Principal or the Agent. And the Power of Attorney holder is considered as the agent of the Principal who delegates the Power of Attorney. If the Principal died, the agent lose its right to possess the property until the legal heir puts any objection. In either ways, the issue is also dealt as per the circumstances of various case to case.

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Adv. Pradipta Nath Adv. Pradipta Nath

Durgapur | 200+ Answers

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Advocate Shiddhartha Banerjee LawRato · Accepted Answer · 2024-07-08T12:57:19+05:30

Answer #3

Sir The Power of Attorney executed by your deceased father during his lifetime has extinguished. As the executor is not living, then whose power the Attorney will cat on. The property devolves among his legal heirs. Thanks

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Adv. Shiddhartha Banerjee Adv. Shiddhartha Banerjee

Kolkata | 100+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-08T12:57:19+05:30

Answer #4

Power of attorney is a device that stays valid as long as the person gives it and to whom it is given both are living, and it may be revokable. So by your father's death it is invalidate now. Though the succession of Hindu is that your father's property now belong to his widow and sons and daughters, but you need to obtain succession certificate for which you may contact me.

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