It's not necessary that after death the poa is not valid. It depends on the intention why the said poa was given only after that it can be decided.
Principal of GPA dies, but has made a registered will for agent at earlier date
So the scenario is basically if the Executioner of GPA dies at 1.1.17 , by law the agent ceases to have any power related to GPA. But what if the Executioner has signed a will on 1.1.12 mentioning the said property after his death will be owned by agent. Will then be agent in a position to practice all the powers/ownership rights ? Please attach any related court judgements / sections or Act.
Asked 6 years ago in Civil Law
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12 Answers
Yes based on the will the agent will be no longer agent but he will be absolute owner.
Hello,
If the will is a registered one you need to take probate from the court irrespective of the fact that you were appointed as a attorney holder.
Regards
Property has been bequeathed to agent by will
2) on demise of the testator property devolves on beneficiary
3) beneficiary should apply for probate of will
4) probate is judicial proof that will is genuine
5) if there is no contest he would get probate in 6 months
6) then apply for mutation of property in his name
As in this case GPA will not be a valid document as executor is no more however the will which is registered can prevail depending upon the contest by the other party
If probate of the will has been obtained from the competent court then there is no need to worry as the if it has been challenged court will go with the will but if not then if any body has any interest in the will can challenge it before the competent court.
Please go through the citation Jagdish Pd V/S State decided by the Delhi High Court on 03 March 2015.
The terms or direction of Will has nothing to with GOA.
So the effect of Will come into operation after the Testator dies as if there is no GPA.
The agent then must apply for Probate if the same is compulsory there and work as beneficiary of the Will.
This is law and no decision is required for this.
By virtue of WILL, ownership will trasfer in agent. Purpose of WILL and GPA is different to each other. First of all, WILL is effective after death and GPA authorities agent to act on behalf of principal but no ownership transfers. In your case, ownership acquires by agent after death of testator.
Will then be agent in a position to practice all the powers/ownership rights ? -- Absolute and sole owner.
Once the principal dies the POA Deed stands cancelled automatically.
Will is a different subject.
The beneficiary of the will can enforce the Will when it becomes enforceable.
Hello,
Agent, after the death of the executioner shall get the will probate and after the said probation the agent can exercise right over the property as the owner and title holder.
Regards
When a principal who has granted a GPA dies, his will becomes the authorizing document for an executor.
Dear Client
The purpose of GPA is different then of Will.
GPA is executed to give powers to agent in life time of principal. And Will is written to divide the shares of property of deceased person as per his wish after his death.
So yes the GPA is null and void after death of principal.
But also at same time Will comes into force and the share will be divided as per will and yes the agent will be complete owner of the property as per will and have all the rights of owner but first he have to probate the will to transfer the property on his name.
