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Ashutosh Choubey (Company Secretary)     23 July 2008

Power of Attorney

Whether Power of attorney in favour of a person is valid after the death of the executor of power of attorney or the owner of the properety in relation to which POA is executed.


regards


Ashutosh Choubey 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2008

Not valid. The dealth of one of the parties to the power of attorney. Power to present a document for registration is revoked by the principal, if the dealth occurs before the presentation of the said document, vide Musibunnissa vs. Abdul Rahim, ILR 23, All. 233 PC II MLJ 58

Guest (n/a)     25 July 2008

A power of attorney is automatically terminated if- One of the parties to the instrument dies or becomes insane, The principal becomes insolvent or bankrupt, any specific condition in the instrument is breached, the business comes to an end. 


 

Bhaskar Lawyer (Lawyer)     25 July 2008

Not valid.The death of the sole principal terminates the agency automatically and thus a power of attorney given to any agent to present document for registration or any purpose is automatically revoked with the death of the principal.  The power of attorney was not intended to be in force in the event of death of principal under Section 201 of Contract Act. refer (1964) 1 Andh W.R.194, AIR 1938 Mad.542


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