continuing power of attorney for property(general)CANADA

varun (Querist) 01 March 2011 This query is : Resolved
My brother gav me "continuing power of attorney for property(general)" , he lived in canada, but recently he die, so i just want to know that, Is i Use his "continuing power of attorney for property(general)"
for sale his property(he had 20
% share in property)???
In "continuing power of attorney for property(general)"
he not mention any type of "after death".
So plz guide me
thanks

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Arvind Singh Chauhan (Expert) 01 March 2011
No power of attorney can not be used after death of executor. It would be illegal.

Guest (Expert) 01 March 2011
KINDLY NOTE THAT YOU SHOULD NOT USE THE SAID GPA .THE LEGAL HEIRS HAVE TO TAKE CIVIL COURT ORDER FOR THE CLAIM OF SAID PROPERTY.GOOD LUCK.

M V Gupta (Expert) 03 March 2011
The delegtion of powers given to the Agent under GPA come to an end automatically on the death of the person who executed the GPA. Property of the deceased can be sold only by the heirs of the deceased after obtaining the succession certificate for the esttate of the deceased, if the deceased has not left any will.

Sri Vijayan.A (Expert) 03 March 2011
Mr.Gupta is right.
The GPA has become cancelled/ revoked one on the death of the Prinicipal.
So, now u as an Agent have no power over the property/ share

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