635+ Lawyers are online 
What happens if one person holding power in POA dies
31-Aug-2023 (In Wills / Trusts Law)
A power of attorney of giving the power to two peoples of a property. What happen if one of them is died, remaining person can sale the property and do registry of the property. In the power of attorney it is not mention that both person should present to take any kind of decision and it is also not mention that if one of them will died the rest one person can take decision. Sir please guide.
This is my response to you:
1. One will have to read through both the POA's;
2. If one of the POA dies his right to exercise powers on property also ceases to exist;
3. Still one has to read the terms of the POA if anything is mentioned about a POA holder predeceasing the owner of the property;
4. If there is another POA holder, then he gets exclusive rights on the property and can choose to sell or rent the property as per his wishes.
1. One will have to read through both the POA's;
2. If one of the POA dies his right to exercise powers on property also ceases to exist;
3. Still one has to read the terms of the POA if anything is mentioned about a POA holder predeceasing the owner of the property;
4. If there is another POA holder, then he gets exclusive rights on the property and can choose to sell or rent the property as per his wishes.
Helpful?
35+
35+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
The answer lies in your query. As you mentioned that under POA the power is given to 2 persons and any action required to be taken under the said POA shall be jointly, hence if anyone of the person dies than the POA becomes invalid and fresh POA requires to be executed.
Helpful?
50+
50+
Adv. Bankim Mehta
Mumbai | 200+ Answers
CONTACT NOW
Hello,
Since the POA mentions that the property is in hands of both these people, the rights goes to them. Incase either of them expires the legal heirs of the deceased can step in and it needs decide mutually on decisions on property.
Since the POA mentions that the property is in hands of both these people, the rights goes to them. Incase either of them expires the legal heirs of the deceased can step in and it needs decide mutually on decisions on property.
Helpful?
45+
45+
Adv. Varun Vij
Mumbai | 100+ Answers
CONTACT NOW
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Wills / Trusts lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
