Validity of POA after the death of the owner of the property

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 ? Hindu by law.

Answers (3)

88 votes

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.

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255 votes

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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70 votes

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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