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)


72 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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

53 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.

Popular Documentation Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
26 years Experience
Advocate Rajesh K.S
Subedar Chatram Road (SC Road), Bangalore
14 years Experience
174 votes

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

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 Documentation Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles