• Legal remedy

I enter into an sale agreement with a power of attorney holder by paying 90 lakhs as an advance payment and balance to be paid in six months  but in between principal died .Whether my sale agreement will be valid  and what will be my legal remedy to complete my purchase of the property?

2) whether power of attorney has the right to register the document in the name  of his wife or blood relation after receiving valid consideration?
Asked 2 years ago in Civil Law from Chennai, Tamil Nadu
1) is power of attorney registered? 

2) is POA coupled with consideration ? 

3) ordinarily on death  of principal the power of attorney ceases .

4) legal heirs of deceased owner will have to execute sale deed in your favour 

5) POA cannot register document in name of wife or blood relative
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Hello,
 The Effect /validity of a Power of attorney is till the death or during the lifetime of teh person who issue it, irrespective of the clauses in it.By the laws , a power of attorney expires on the death of the principal. It does not make any difference whether the POA is registered or unregistered, if the sale agreement execution date is after the death of the maker of the POA(the deceased)

2. In your case the Power of attorney cannot execute any document on behalf of  any other person, wife/ relative(legal heirs of the deceased).

3. The registration has to be done by the legal heirs, i.e, the wife and children and mother if alive.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
If the person who executed the power of attorney in your favour had died then his legal heirs need to complete the rest of the procedure of sale. Once the principal dies the power of attorney ceases to exist. Once the POA doesn't survive then you cannot exercise any right further.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. Your query is silent on whether the power of attorney has been registered or not. There cannot be a sale without consideration. Therefore, the principles of agency coupled with interest shall not apply. Such Powers of Attorneys in absence of consideration are revocable and can be unilaterally withdrawn.

2. A POA stands cancelled after the death of Principal, so if there is any transaction by the POA agent subsequent to the death of the Principal, it is illegal. Limitation of POA is death of either of one i.e Testator or POA holder, or cancellation by testator, whichever is earlier. 

3. Legal heirs of the deceased owner can execute the sale deed in your favour to complete the sale. 

4. POA cannot register the property in favour of wife or any blood relative.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Power of Attorney becomes invalid on the death of the Principal. Get fresh power of attorney from the legal heirs of the deceased principal and execute the sale deed. If the legal heirs are not interested in selling the property get back the advance paid and cancel the agreement for sale entered into
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Your agreement is valid but due to death of principal attorney has no legal right now.
The legal heirs are duty bound to execute the deed in your favor.  If not then you can file a case for their performance under specific performance act.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. POA ceases to have effect after the demise of its executor,

2. In one case I have registered a sale deed by a POA holder in favour of his own proprietorship firm.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
A. When the executor demised, the POA will automatically dormant or ceases even though POA registered or not.

B. All legal heirs can sell the property in your name but you need to pay the sale consideration amount to the all legal heirs. Hence, you have to tender demand for advance amount from the POA.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1)What is more important that your legal remedy to complete your purchase of property than validity of your sale sale agreement.
2)No.GPA being revoked in the event of death of  its principal.But,you can enforce the sale agreement upon principal's legal heirs to the extent of 90 lakhs you paid under the sale agreement and get fresh GPA executed by them(heirs) or let them directly execute the sale deed in your favour on the strength of pricipal's legal heirs.    

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
at present POA has no value because principal is died. you should collect evidence regrding transaction of money. his heirs are not bound to execute sale deed in your favour. section 35 TP Act is applicable in this case, his heirs can entertain their right to election. if they elect property then the money paid by you shall be refunded and if they elect money then ther are bound to execute sale deed. it is better for you to file specefic performance of contract on the basis of transaction, execution of POA to show ther you'll face irreparable loss if deed is not executed.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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