Dilipkumar (Retired) 10 February 2016
A flat was given on lease for 3 years , signed and registered on behalf of the Lessor ( landlord ) by his relation , who died soon after the commencement of lease . Now , more than 1 year has elapsed since the commencement .
Is the document still binding on the lessor / lessy or , does it lapse on the death of the POA holder , and does it have to b renegotiated , on new terms and conditions ? In this piquant situation , what r the implication for the landlord and the lessy ?
Subash M R (Advocate) 10 February 2016
Termination of agency and its effect: An agency is terminated by the principal revoking his authority; or by the agent renouncing the business of the agent;or by the business of the agency being complete;or by either the pricipal or agent dying or becoming unsound mind;or by the pricipal being adjudicated an insolvent under the law of insolvency.
Thanking you,
Dilipkumar (Retired) 11 February 2016
Do you mean to say , the lease agreement is null and void , on the death of the POA holder ?
Senthil Kumar L (Advocate) 11 February 2016
Mr. Dilipkumar, you have not specifically state who died ? whether the Principal or the Power Agent?!.
However after the registration of the document by the Power Agent on behalf of the Principal in your favour you need not to worry about the death of the Principal or the Power Agent.
The date of execution is very important. If the Principal is alive at the time of execution of the Lease Deed in your favour you are very much protected by the Contract Act and you need to renew or renegotiate with the owner.
Senthil Kumar L
Advocate
9787365846
Dilipkumar (Retired) 11 February 2016
Thank u , Mr. Senthil. It is the POA holder who died , soon after the registration of the agreement .
Senthil Kumar L (Advocate) 11 February 2016
Dear Dilip,
Now it is very clear and you are on the safer side.
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