Power of Attorney

Arati Gawde (Querist) 07 February 2010 This query is : Resolved
Can Register Power of Attorney is valid after the death of executors for the further transfer of the immovable property? If yes, please tell case law.

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B K Raghavendra Rao (Expert) 07 February 2010
Power of Attorney is valid only so long as its executor is alive. After the death of the executor, the POA deed also dies.

N RAMESH. (Expert) 07 February 2010
When the power of attorney is coupled with interest, it will be valid even if the principal dies.

Guest (Expert) 07 February 2010
i agreed with Mr. raghav. Power of Attorney burried in the grave of its executor.

Sachin Bhatia (Expert) 07 February 2010
Power of Attorney is not valid after the death of executors.

Adinath@Avinash Patil (Expert) 07 February 2010
IF POWER OF ATTORNEY COUPLED WITH INTERES IS VALIED EVEN IF THE EXECUTER DIES,BUT IT DEPENDS UPON THE NATURE OF POWER OF ATTORNEY.
GENERALLY POWER OF ATTORNEY IS NOT VALID AFTER THE DEATH OF EXECUTOR.

Guest (Expert) 07 February 2010
Arati - What is further transfer of immovable property you meant? However I would generalise your query and put it that the power of attorney will be legally effective even after the Death of the principal ONLY WHEN any agreement already entered into with third parties in pursuance of the power of attorney of the deceased principal, when the principal was alive. If the power of attorney ceases with the Death of the principal and stalled the existing agreement, then the third parties will be put into loss and hardship. Hence the power agent can work as per his assignment but will continue to become accountable of monies received from the transaction(s) to THE LEGAL HEIRS of the deceased principal.

Raj Kumar Makkad (Expert) 08 February 2010
I do agree with Rao.

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