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Person died after giving power of attorney can property be sold now


11-Aug-2023 (In Property Law)
if a owner make a power of attorny to a person and died without any will is it possible to sell the property by the registered POA holder?
Answers (4)

Answer #1
832 votes
The power of attorney was made during the life time of deceased person and the alleged property of that person was not sold by the power of attorney holder during his life time, than the power of attorney become ends or null and void as the person died. Thus after death power of attorney has no right to sell the property now. If he sells the property of deceased person than it is offence u/s 420,467,468,471,120 including.

Answer #2
856 votes
It depends upon content of power of attorney.we have to see nature of power of attorney.without going through contents of power of attorney it is not possible to advice the exact solution.their are so many factors.
Answer #3
770 votes
Sir, if owner make a power of attorney. In the name of any person and owners is no more ,I.e died. Then power of attorney is void and have no values. If knowingly poa is registered property after death of owners then poa.is liable for cr offence
Answer #4
912 votes
No, law does not permit selling of the property through power of attorney, be it a registered or a not registered. sale of property through power of attorney is invalid and illegal. the supreme court has held the same in a landmark judgment passed in 2011.

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