• Registered irrevocable POA

Registered Taba sathe khat for full value and Registered irrevocable POA given by TWO brothers for complete land at Pune done in 2005. One brother has died. Can we use POA for doing sale deed of full land now? Taba taken in 2005. Please give relevant case laws.
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

On death of brother POA ceases to be operative

2) you cannot use power of attorney for the full land now

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. POA on the death of the maker or the POA holder comes to an end.

2. So the POA given to the brother has died now has come to end .

3. Now if the POA gives power to 'either of the survivor' then another brother can execute and register the sale deed.

4. if not then you require the legal heirs of the deceased brother to be added as party to your sale deed.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

POA ceases to have any legal force on the demise of the principal. It can though be used qua the surviving brother if the land in question is divided.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1)you can use the POA for execution of sale deed for the surviving brother

2) contact the legal heirs for execution of sale deed for balance protion of land

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

A POA executed jointly in favor of the power agent, even if it is a registered document, it stands revoked upon the death of one of the principals who executed the deed.

For all further transactions, the surviving principal has to execute a fresh registered POA deed in favor of the agent so tht all further transactions can be validated accordingly.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

can I use the POA for half the land; which is the share of alive brother? How to get balance land?

No. It is not legally valid. The POA deed jontly executed by both and upon the death of one of teh principals, the deed stands revoked or cancelled automatically.

A fresh POA deed may be obtained from the surviving Principal in respect of the entire properties.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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