POWER OF ATTORNEY / WILL

rajendra (Querist) 13 February 2009 This query is : Resolved
Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??

What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"

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ARVIND JAIN (Expert) 13 February 2009
NO. POA IS DURING LIFE TIME ONLY.

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AEJAZ AHMED (Expert) 13 February 2009
DEAR RAJENDRA,

The document executed by MR.X is Power of Attorney ONLY, 'either it is revocable or irrevocable'. So, there is no transfer of 'Right & Title' on the name of MR.Y.

Now, MR.X is died, so validity period of that POA is also end on death of X.

Therefore, MR.Y can not transact with the third parties against the 'LAND' of MR.X under the said POA.

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Adv.Shine Thomas (Expert) 13 February 2009
I agree with the above views

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M. PIRAVI PERUMAL (Expert) 13 February 2009
I agree with the views of learned friends.

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sanjay singh thakur (Expert) 13 February 2009
Dear Rajendra
After the death of Executor the said POA is merely a piece of paper having no value in the eyes of law. This is because POA is effective till the life of its Executor and not after that.

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Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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