If in the irrevocable power of attorney it is mentioned that the agent will continue to work after the death of the principal then the sale proceeds will be legal and valid

Please peruse the terms of termination of the POA

The Supreme Court has ruled that sale transactions carried through a power of attorney will have no legal sanctity. A transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).

Sir kindly refer the Supreme Court judgement in surya lamps which has specifically mentioned that the transfer by way of POA is invalid and cannot be treated as valid sell.

So if possible regularise the construction claim refund from builder by way from consumer court or filing civil suit.

Kindly tell the dates of POA.

Although this POA remains valid even after the death of the Principal, he cannot sell this property to himself. He may transfer it to you at the least, but even then you will not have a clear title in light of the law pronounced by the Ho'nle Apex Court on the subject.

Is POA coupled with consideration ?

2) if so POA does not cease on death of principal

3) agent can sell the property to you on basis of POA

Dear Sir,

Even if you are in illegal possession it cannot be disturbed without due course of law. You may even claim adverse possession if you stay for more than 12 years.

Secondly, the attorney came to be expired on the death of the executant.

Thirdly power of attorney sales are banned by Supreme Court. Just continue your stay and go on prolong the civil suit. Just file a suit for permanent injunction praying to restrain the defendants to take possession only through due course of law that is by filing a suit for possession. Thus your possession will continue.

Registered power of attorney required. What about the legal heirs.

- An immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. - Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.

- GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances. But they can still be treated as existing agreement of sale. Nothing prevents affected parties from getting registered deeds of conveyance to complete their title.

- Since ,the purchased building is illegal , it means there is no registered transaction , then the transfer is only possible through GPA etc.

- If transfer through Possession transfer as well or specially among family members , then it can be valid transaction.

- Hence, if in the irrevocable power of attorney it is mentioned that the agent will continue to work after the death of the principal then the sale proceeds will valid.

No, first you have to register the property in your name or own your son name. Than you can sale the property.

Yes, it can be happened but depends upon some legal aspects as per case to case.

The power of attorney can be used only the executant is live . If the principal is died the power of attorney has no use and the legal heirs of the principal become the owners of the property. If you execute a deed with them you can get a title over the property.

If the POA has the option of selling then he can otherwise he will have to get the succession certificate from the court to dispose the property be it legally constructed or illegally constructed

The power of attorney deed will automatically be cancelled on the death of the principal.

However if the irrevocable power of attorney deed clubbed with fiscal obligation shall remain effective to the extent of financial obligation in respect of transaction of the immovable property.

Under the given circumstances in my opinion, the power given to your son shall be cancelled automatically upon the death of the principal.

It is better you ask the legal heirs of the deceased principal to execute a fresh power deed or execute a registered sale deed directly.