1) since irrevocable POA is coupled with consideration it does not cease on demise of one of the brothers
2) deed of conveyance executed in basis of POA would not be set aside
Irrevocable POA
3 brothers executed irr.poa making builders attorney for development ofvacant land property.both parties have undivided ownership over land.irr.poa was given in exchange of receiving built-in flat area.esch executant was entitled to get 620 sq ft flat area inexchage 630 sq ft land area.they have been given compassionate possession and physically livring in apartment without registration.now one executant died and his sons have court case seeking claim of unsold flat claiming poa is void on death of one executant.meantime few flats are sold they have prayed for cancellations of deed of conveyance on ground of dead executant property can not be sold and purchasers are made respondent of case.poa is irrevocable.
Asked 6 years ago in Property Law
Religion: Hindu
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16 Answers
If such case is maintainable.executant allready in possession of flat of larger area than entitlement.and are not paying price of excess occupational area nor interested for registration of property.
Asked 6 years ago
Kindly send drafted papar
Asked 6 years ago
1. If there is exchange of consideration in any form for registering the irrevocable POA, then it can not be revoked even after the demise of one of its executants.
2. The case filed by the sons of the deceased executant of the POA is expected to fall flat.
The case is not maintainable for reasons mentioned in my earlier post.
Engage a lawyer to contest the case fittingly.
Query is not cleaR to me
The POA if coupled with interest like this case can not be revoked even on death of one of the principals though o his death his legal heir need to make fresh POA to complete sale of remaining flats or to do the registration.
Unless the nature of the suit and its present is made clear no further advice can be given.
- Generally speaking, A POA is terminated after the death of either the Donor of POA , OR of the Donee of the POA.
- Further, the Supreme Court of India, in Seth Loon Karan Sethiya v. Ivan E. John, held that the agency cannot be revoked where such agency is created in exchange for some valuable consideration and the authority granted by the agency is to secure the interests of the agent or to effectuate the security against such consideration.
- As , the said irrevocable POA was created in exchange for consideration , hence after the death of one of the Donor /brother , the POA cannot be cancelled, and further the Deed of conveyance also cannot be cancelled on any ground.
- Hence,the case filed by the sons of deceased is not maintainable.
See since there is interest of builder in POA as he has invested amount the GPA is not invalid the builder can also as per the agreement ask the legal heirs of person to give GPA.
The case can be contested and builder can ask for GPA from heirs .
See you need to engage lawyer to draft for you.
Interested brothers and pay the amount of 1/3rd share to the nephew and remove his deceased father name from that agreement. By making cancellation deed and resettlement deed.
Since the POA is clubbed with the consideration the deed is irrevocable even the fact is that one of the executant is died.
The suit filed by him may not be maintainable.
The conditions will remain effective.
There's no question of the existing executant not cooperating with the builder at this stage.
The builder can drag him to court of law seeking relief and remedy.
POA is binding on legal heirs. Case not maintainable. File application for dismissal of plaint.
pls contact a local lawyer for drafting.
1) issue them legal notice to pay consideration for excess area
2) contact a local lawyer
what drafted paper you want