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saumit joshi (advocate)     13 June 2009

Death of grantor of power of attorney

General power of attorney given to "Y" by "X" with full cosideration of  property. "x" died & "y" is not aware of the death of "x" and "y" is executed the sale deed in the favour of "z". whether sale deed is valid or legal. pls guide me.



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 6 Replies

A V Vishal (Advocate)     13 June 2009

Since the fact that the Principal died is unknown to the Power of Attorney Holder, the sale deed is legally valid.

saumit joshi (advocate)     13 June 2009

thanks sir for your guidance but on the bases of sale deed,entry muteted in the name of purchaser, and land is also converted in to Non Agriculture purpose eventhough dy.collector rejected the mutation entry in our case. whether we prefer appeal ?

A V Vishal (Advocate)     13 June 2009

you can appeal against the order of the Dy Collector

N.Ramakrishnan (Advocate/ Senior Partner)     15 June 2009

Dear Saumit,

In my opinion, the POA becomes void on the death of the principal and therefore any document executed by you on the strength of the POA is also void. This is the case even where the entire consideration has been paid while obtaining the POA. Pls clarify if the payment of entire consideration is mentioned in the POA and whether the same is a registered document. In any event, the only alternative is to obtain a fresh POA from the legal heirs of the deceased and execute a rectifivcation deed in favour of Z. Otherwise Z will have no title to the property.

Thanks

Ramakrishnan ADV 

saumit joshi (advocate)     16 June 2009

Dear sir., As per my knowledge according to sec 3 of power of attorney act. sale deed executed in good faith when the death or unsound mind of grantor is not known to grantee is become valid.

saumit joshi (advocate)     16 June 2009

Dear sir., As per my knowledge according to sec 3 of power of attorney act. sale deed executed in good faith when the death or unsound mind of grantor is not known to grantee is become valid.


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