Question is incomplete.
Principal appointed you attorney, for what?
Is it GPA or SPA ? registered or unregistered?
Seven Principal executed in a Power of Attorney in Third Person. One Principal presently died. The said Power of Attorney Valid or Not Valid?
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Question is incomplete.
Principal appointed you attorney, for what?
Is it GPA or SPA ? registered or unregistered?
GPA and Registered
Hi
1) If the power of attorney is irrevocable, then under Section 202 of the Indian Contract Act 1872, a power of attorney is valid even upon death of the donor.
2) If it is revocable power of attorney then the contents of the power of attorney should be vetted to see whether the words "Jointly and Severally" have been used.
3) If the word Jointly and Severally has been used in case of revocable power of attorney, then the power of attorney will be valid in case of remaining 6 surviving members.
4) If the word Jointly and severally has not been used in revocable power of attorney, then the power of attorney is invalid.
5) Please note if the word Irrevocable has not been used in power of attorney, then power of attorney is considered to be revocable
6) Also if consideration has been paid , then the power of attorney will be binding on legal heirs of deceased principal.
Hope this information is useful.
If GPA not registered specifically SPA then it is not valid as per the provisions of law. You can't enforce it before authorities and courts of law.
Therefore it is invalid ab-initio.
Powers of all Principal granted to attorney is also invalid.
If the GPA involved any money transactions, then even if the Principal dies, still it will be valid.
- As per law, all powers under a POA end upon the principal's death.
- Hence, if the said registered POA was given by seven principal for one purpose only , then it losses its entity , and the said power of attorney is not valid , and needs a fresh POA by the existing Principal.
Upon the death of one of the principals the power of attorney deed stands automatically cancelled.
Typically, a principal grants an irrevocable power of attorney during his or her life. These don't usually extend beyond the death or incapacity of the principal. However, the document can include a sunset provision. This ends the agent's authority at a particular time or after a specific event.
However, authority given to the agent under a PoA stands terminated immediately on the death of the principal (as per Section 201 of the Indian Contact Act, 1872, called 'Act'), except where the agent herself has an interest in the property, which forms the subject matter of the agency (as per Section 202 of the Act).
it must be noted that although Section 201 of the Act lays down that an agency is terminated by either the principal or the agent dying, a reading of Section 208 of the Act indicates that such termination of authority is conditional.
This is clear from illustration (c) of Section 208 of the Act, which inter alia sets out that if A issues a PoA in favour of B and directs B to pay C thereunder, if B after A’s death but before becoming aware of it pays C, then the payment is good against the executor of A’s will or the administrator of A’s estate.
1. POA will remain valid till all the POA executors are dead or POA is revoked by remaining POA executors.
2. However the individual component of rights of deceased POA executor shall lapse for all futuristic legal purposes. This would depend on the clauses of POA and IF any clauses are involved specific to individual POA executors rights.
If it is one POA jointly executed by seven person of which one has died, then the said POA will become invalid in the eyes of law.
The PoA in respect of the person who has died is not valid. It is valid in respect of other principals.
If one of the principals is died, the POA will not be valid from date of his death for acts / activities which are done after his death.
The PoA becomes legally invalid immediately upon the death of the principal. For all actions done by the power-agent after the death of the principal, he/she is solely responsible.