Bhavesh Kothari (Partner) 28 July 2016
A Person who has 4 children has given power of attorney to one of his children. What happens to the Power of Attorney after the person's death. Does it get revoked autmoatically? Is consent of the widow of the deceased person required to continue with the power of attorney. What are the rights of the other 3 children if the PoA holder misappropriates the father's property and wealth with the help of the Power of Attorney?
Kumar Doab (FIN) 28 July 2016
Generically speaking: The POA is dead with death of owner that has given POA.
During the lifetime the person that has valid POA from owner can execute the powers vested by POA. The actions can be bonafide.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 28 July 2016
The validity of the POA extinguishes with the demise of the executor. Kumar Doab has right explained the same.
The NOC of the widow shall not help in any way. In the event the son misuses the POA, and executes any documents, file a suit for declaration of those documents as void.
Its best to initiate a partition suit as a pre emptive measure to ensure that the chances of the same happening are reduced.
Augustine Chatterjee
Advocate & Solicitor at Law
9999931153
Nitish Banka (lawyer) 28 July 2016
POA does not exist with death
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