Power attorneys validity
VISHAL
(Querist) 13 March 2014
This query is : Resolved
hi we have property based in indapur taluka mangaon,district raigad,maharashtra and it is on the name of my father & his sister.we are going to make power of attorney between these two which will give rights to my father to sell property alone so can this attorney be valid after death of the person making it? & if it is possible then how to make it?
Devajyoti Barman
(Expert) 13 March 2014
After death of POA maker, the POA comes to an end.
You can not avoid it.
VISHAL
(Querist) 13 March 2014
ok so can we make poa such that which will allow my father all rights to make gift deed/relinquish deed to end his sisters claim on the property?
Raj Kumar Makkad
(Expert) 13 March 2014
Your aunt can gift her share in favour of your father by way of a registered gift deed and only in that case, your father shall become its exclusive owner otherwise POA shall get its validity soon on the death of either of the parties to the power of attorney.
VISHAL
(Querist) 13 March 2014
ok but can we make poa which will give all rights to my father to make(execute) gift deed/relinquish deed alone?
Devajyoti Barman
(Expert) 13 March 2014
Yes you can but such transfers made by the POA holder will have to happen during life times of the POA grantors.
VISHAL
(Querist) 13 March 2014
ok fine thanks so much to all
R.K Nanda
(Expert) 13 March 2014
agree with experts.
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
The power of attorney deed will be valid only during the life time of the principal and it becomes infructuous after the principal's demise.