Power attorney of an expired person
RAMJI
(Querist) 02 March 2013
This query is : Resolved
An intersting case comes out of RTI application as follows:
1. Grandfather (MrM) had got his share of ancestral properties in 1945 thro a family partition deed registered, thereafter enjoyed the properties, had married and gave birth to three children (2 sons + 1 daughter)....
2.During 1996 Grand Pa executed a Power of Attorney to some THIRD PARTY OUT OF FAMILY TO DEAL WITH ONE OF ANCESTRAL PROPERTY IN WHICH GRANDPA+ 2 SONS WERE ALSO SIGNATORIES. ( without signature of daughter and grand children who were major at that time)
3.Thereafter in 1999 GRAND PA EXPIRED NATURALLY LEAVING WIDOWED GRAND MA AND 2 SONS + 1 DAUGHTER AND GRAND CHILDREN.
4. In year 2000 (After expiry of one of Principals), the GPA holders SOLD A PORTION OF PROPERTY TO SOME XYZ on the basis of GPA
which is handicapped on THE EXPIRY OF ONE OF PRINCIPAL ( MEANS TO SAY USING GPA OF DEAD MAN...) and WITHOUT EVEN MAKING A FRESH GPA OR CONSENT OF THE LEGAL HEIRS LIVE...
5. The best part of it is IN YEAR 2001 THE TWO SONS ALSO GAVE NO OBJECTION FOR TRANSFERRING PATTA ON THE NAME OF PURCHASER OF PORTION SOLD OUT BY GPA HOLDERS.
The two gentlemen (sons) are knowing all these and simply inactive as the property is in possession of those INTELLIGENT GPA HOLDERS.
now, Questions are
1. Whether any of the legal heirs can they challenge this GPA (To that extent that one of the principals out of three is VOID AS HE EXPIRED BEFORE THE SALE WAS MADE IN 2000 AND RECTIFICATION DEED OR FRESH GPA HAS BEEN MADE SO FAR
2. CAN ANY OF THESE LEGAL HEIRS FILE SUIT FOR PARTITIONING THE SHARE OF THE EXPIRED GRAND PA AS HIS GPA IS DEAD WHEN HE DIED.
3.any other views /ways to bring this out before court of law pls advise
Regards
Ramji
ajay sethi
(Expert) 02 March 2013
power attorney ceases on death of the principal . sale made subseqently can be challenged in court of law .
DILIP KUMAR AAGARWAL
(Expert) 03 March 2013
Sale through GPA after the death of principal is illegal sale and same can be challenge in the court of law.Now this property is inheited by all the legal heir of the principal and legal heirs can file suit for partition.
prabhakar singh
(Expert) 03 March 2013
1. POA got expired so far as it relates to deceased,so sale on behalf of deceased by that POA is invalid but not on behalf of those alive.
2.But for 2 sons who have also signed the POA,all others including widow of grand father,his daughters and grand sons as well as grand daughters have a claim of share in the property and the sale is not binding upon them,hence they can sue for their share.
RAMJI
(Querist) 03 March 2013
Dear Mr Ajay, Mr Dilip and Mr singh
THANKS FOR EXCELLENT QUICK CLEAR ANSWERS.
Regards
Ramji
