Irrevocable power of attorney
aditya desai
(Querist) 25 October 2015
This query is : Resolved
Dear Sir,
My grandmother sold the property to builder for developing new building and give the builder irrevocable power of attorney but after 15 years he still not develop the building on that property .
And my Grandmother is also dead .
So ,i want to know after 15 years can i cancel the irrevocable power of attorney made by my grandmother and builder and under which section ?
and i like to know after person dead irrevocable power of attorney will get cancel automatically and if yes then under which section ?
thanks for help..
Guest
(Expert) 25 October 2015
Section 1A of the Power of Attorney Act 1882.The power of Attorney Ceases on the Death of the Persons.
Anirudh
(Expert) 25 October 2015
Dear Mr. Ninad,
You say that "My grandmother sold the property to builder for developing new building and give the builder irrevocable power of attorney but after 15 years he still not develop the building on that property."
Without knowing the complete contents of the power of attorney, it is not possible to give any answer to your query.
I am damn sure that yours is not a query simplicitor, but has very many important details/information behind it, which you have not revealed so far.
aditya desai
(Querist) 25 October 2015
But dear sir, I am saying u about irrevocable power of attorney.Are u talking about same one if yes then why in contract section 202 says that irrevocable power of attorney continues even after death ?
aditya desai
(Querist) 25 October 2015
Please tell me under which section irrevocable power of attorney gets cancelled after the death of person.
aditya desai
(Querist) 25 October 2015
PLEASE ANY ONE HELP ME OUT.
Guest
(Expert) 25 October 2015
The power of Attorney Coupled with interest is only mentioned in section 202.if your grandmother had received some money from to whom she had given the power then it can not be cancelled that easy Better Consult your Local good advocate in detail.
Rajendra K Goyal
(Expert) 27 October 2015
Consult some senior lawyer and show him all related documents.
aditya desai
(Querist) 27 October 2015
ok sir thanks for help.
aditya desai
(Querist) 29 October 2015
Dear sir i also like to know can Irrivocable power of attorney can get cancelled under cheating and fraud case?
If yes then under which section act ?
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
In deciding whether the agency can be revoked or not, two conflicting interests are to be reconciled and a suitable middle way is to be formed so that none of the parties suffer unjustly.The interest of the one who has delegated power should be in conflict with that to whom the power is given. A POA is automatically terminated if either one of the parties to the instrument dies or becomes insolvent, or any specific condition in the instrument is breached.
Just because a power is declared in the instrument granting it to be irrevocable does not make it so. Irrevocability requires something further. If on a construction of the document and in the light of the facts, the document does not prima facie meet the conditions for the creation of a power coupled with interest, merely because the document itself describes the agency to be irrevocable, does not make it so.
According to the Indian Contract Act, no agency can be terminated where the agent has an interest in the property which forms the matter of the agency. To decide whether a given power is coupled with interest or not, the facts of the case and the wording of the instrument itself are relevant.
If it is proven that the agent is not working in the best interest of the individual who granted the power, the agreement is voided, though court action is required.
aditya desai
(Querist) 31 October 2015
Thanks Sir for urs help..
