power of attorney
gayathri
(Querist) 25 May 2010
This query is : Resolved
In a scenario, whereby A executes a power of attorney in favour of B to sell a property, and B sells such property to C. Now can the power of attorney be held to be invalid because A had died by the time the sale of property to C had happened?
In essence, should the executor of the power of attorney be alive for the power of attorney to be valid?
Guest
(Expert) 25 May 2010
If the agent was not aware of the death of the principal and can prove that he has acted in good faith, the sale deed is valid.
Usually, a GPA becomes null and void in the hands of the Agent, after the principal's death.
B K Raghavendra Rao
(Expert) 25 May 2010
Power of attorney should be alive for the power of attorney to be valid (alive). Whether the death of the executor has not been conveyed to the holder or has not come to the knowledge of the holder position of law does not change and hence sale deed becomes invalid.
