Deed of confirmation and power of attorney executed by legal heirs should suffice
Power of attorney has to be on Rs 500 stamp paper
Legal heirs and dapa
A developer entered into Development agreement and signed subsequent Power of attorney with A person X in 2016. X died in 2017 leaving behind his heirs W ( wife) and S ( son ) . The developer and the heirs want to continue with the same Development agreement and all terms and conditions will also remain the same. What all documents need to be executed now between the parties? Will a deed of confirmation and a power of attorney will suffice? What will be stamp duty implication?
Asked 6 years ago in Property Law
Religion: Hindu
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4 Answers
A confirmation deed contains all the clauses same as original DA ? or only mention by legal heirs that original DA all terms are binding is sufficient?
Asked 6 years ago
it can mention that all terms of original DA are binding on the legal heirs
not necessary to reproduce all the clauses of DA
The Development agreement is between the owner and the developer whereas the power of attorney is between the developer and the his agent X.
The legal heirs of the power agent X have no rights in the property.
The power of attorney deed in favor of deceased X stands infructuous and cancelled automatically upon the death of the agent.
A fresh power of attorney deed has to be made in favor of any other person to continue with the development agreement through the newly appointed agent.
The stamp duty on the new power of attorney deed is to be paid as applicable for registering the same since this involves immovable property.
A confirmation deed contains all the clauses same as original DA ?
or only mention by legal heirs that original DA all terms are binding is sufficient?
Please be aware that the legal heirs of the deceased power of attorney agent have no rights in the property to that of the agent.
The POA deed stands cancelled automatically on the death of the power agent.
Therefore the confirmation deed is of no use to this situation.
You may consult a local advocate on all such further issues.