• One Principal death POA Valid or Not Valid

Seven Principal executed in a Power of Attorney in Third Person. One Principal presently died. The said Power of Attorney Valid or Not Valid?
Asked 1 month ago in Property Law
Religion: Hindu

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28 Answers

Question is incomplete. 

Principal appointed you attorney, for what?

Is it GPA or SPA ? registered or unregistered?

 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

POA ceases in respect of one of the principal on his demise 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

POA in respect  of other 6 Principal  continues to be valid 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

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. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2051 Answers
374 Consultations

5.0 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

If the intention of the principal is still not carried out the poa can be active

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

The GPA is valid as of now.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Registered and irrevocable and with consideration than it is valid.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

If the GPA involved any money transactions, then even if the Principal dies, still it will be valid. 

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

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).

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

His legal heirs has to be included.

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

POA valid as regards the surviving principals 

Yusuf Rampurawala
Advocate, Mumbai
5757 Answers
35 Consultations

5.0 on 5.0

Valid. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Under the given circumstances, the said registered GPA will be considered as invalid.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

No the power of attorney wrt the person who died is now revoked.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

The PoA of the person who died cannot be used ie that single document cannot be used now.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested the said POA is still valid as other principals are alive. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

The PoA in respect of the person who has died is not valid. It is valid in respect of other principals. 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

GPA from that decrease principal will considered as revoked.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

Post demise of one of the Principal, others can cancel the earlier POA and give fresh POA.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

power of attorney document is valid only during the principals lifetime, not after their death

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

The POA ceases to exist with the death of the principal however other 6 principal POA is still valid. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

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