• Buying property of a deceased person

I am an NRI and planning to buy a pre-built house for my parents in Kerala. The funding will come through a home loan (which is pre-approved) and I have provided POA to my father to execute the purchase process on my behalf.

We have currently identified a house which is in the name of a deceased person, however his near relative (lets refer as relativeA) has a POA to sell the house on behalf of the deceased person and disburse the amount received from the sale to different people as identified in the POA document.
Note that the deceased owner has no children.

I would like to know if I go ahead with the purchase of this house, what are the items I need to verify so that I dont face issues later from:

> any other person/relativeB(of the deceased owner) claiming the ownership/right to house from any other document(like a will paper)

> contest that the sale that I executed with relativeA is invalid as they(relativeB) are the legal heirs

Please let me know.
Asked 2 years ago in Property Law from United States
Religion: Christian
Hi, Power of attorney in your case is not valid as per law once the  principal is  died then power of attorney dies along with that person so don't venture to purchase that property.

2. If you want to buy a property then you can buy the property through the legal heirs of the deceased person and all the legal heirs has to come and execute sale deed in favour of you then only it is valid.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.5 on 5.0

1) POA comes to an end in the demise of principal 

2) relative cannot sell the house on behalf of deceased person 

3) ask legal heirs to obtain letters of administration from court as deceased died intestate 

4) then only purchase property after getting all documents of title vetted by a lawyer 
Ajay Sethi
Advocate, Mumbai
44380 Answers
2577 Consultations

5.0 on 5.0

1. First of all the POA executed by the deceased person in favour of his relativeA  is invalid since the executant of the POA is not alive now and the POA is Null & Void when once the executant dies.
2. Let the deceased person's legal heirs obtain Succession Certificate from the Competent Court and based on the legal heirs mentioned in the Succession Certificate, you can proceed with the legal heirs to clinch the deal.
3. Before buying the property give a Public Notice in leading newspapers of the region in English and in vernacular language inviting objections and right of any other person over the property.
Shashidhar S. Sastry
Advocate, Bangalore
1620 Answers
107 Consultations

5.0 on 5.0

1. You can not buy the said property of the deceased person represented by his POA holder,

2. POA becomes invalid after the demise of its executor,

3. So, the said POA holder is not authorised to sell the said property to you,

4. You can buy the property only from the legal heirs of the deceased person and not from any other person.
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

Firstly be informed that the POA is not valid after the death of the principal, it automatically stands cancelled or becomes infructuous upon the death of the principal who executed the POA.  This means this person has no power to sell the property on behalf of the deceased owner on the basis of POA in his name.
The property can be sold by the legal heirs of the deceased, but how will you identify that these are the legal heirs or the only legal heirs of the deceased?
The legal heirship certificate issued by the Revenue Department shall have the list of legal heirs and all these people have to execute the registered sale deed jointly in favor of the purchaser.
Besides you have to obtain death certificate of the deceased, original title document and all link title documents, tax receipts, and few other documents like patta or water supply tax receipts, electricity consumption paid receipts etc.  
You should also take a legal opinion from a local advocate. 
T Kalaiselvan
Advocate, Vellore
34540 Answers
372 Consultations

5.0 on 5.0

1) The POA issued by the deceased person is no longer valid. 
2) Once the person has died, then the POA also expires.  
3) Power of Attorney is a Delegated authority. 
4) In the eyes of Law, the dead person cannot delegate his responsibilities. So the POA is invalid. 
5) You should buy the property from the legal heirs of the deceased person. 
6) The revenue authorities will issue the legal heir certificate to the legal heirs of the deceased person and you should call upon the legal heirs to execute the Sale deed in absence of will , gift etc.
7) Also if the property value is greater than 10 lakhs, ask your advocate to issue notices in 2 leading news paper ( 1 English and 1 malayalam) about your intention to buy the said property and ask for legal heirs to come forward  stake their claim (in case they have any will or gift or interest or any minor interest in the property) so that in the eyes of law, you had made all the necessary due diligence before buying the property.
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1267 Answers
155 Consultations

4.8 on 5.0

If it is a GPA that was executed during the lifetime of the owner then it stood revoked after the demise of the owner. The language of GPA has to be perused threadbare to know the scope and ambit of authority conferred on A. Conduct due diligence without fail before you buy the property.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

q. has a POA to sell the house on behalf of the deceased person

a. this POA is became invalid because it is settled law after the death of principal the POA has no probative force and it becomes void. transfer of land through invalid POA is void. if you buy this property it is mere spes successionis under section 6  of the transfer of property act. 
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

1) your POA is not invalid merely because your address has changed 

2) it would hold good for purpose it was made 

3) you need not travel to India for execution of fresh POA 

4) you can execute specific POA it has to be attested before Indian consulate and then send it to your father 
Ajay Sethi
Advocate, Mumbai
44380 Answers
2577 Consultations

5.0 on 5.0

There is no hard and fast rules that you have to remain in the same address what has been mentioned in the POA for ever. 

 You can change the address.  

You can inform the agent about the change in your address by a written communication if the agent is an outsider and a third party.  

Since your power agent is you own aher you need not bother about it since he is already in touch with you.

 The address mentioned in the POA deed is for or communication purpose  and not a template.

Your father can execute the acts on your behalf as authorised vide the said POA deed on the basis of the deed in his possession without making any amendments to the address mentioned in it.

 It is very much valid. 

He can mention the new address of the principal while executing the registered sale deed if it is felt necessary.
T Kalaiselvan
Advocate, Vellore
34540 Answers
372 Consultations

5.0 on 5.0

1. No, your changing the address does not make your POA executed in favour of your father, invalid,

2. You need not make any change of address in the said POA. You can mention your present address in any document your POA signs now,

3. There is no need to change the address in the POA. However, if you are desirous, you can execute the POA afresh mentioning your present address,

4. Your POA will become invalid on your death and/or on your  withdrawing the same. 
Krishna Kishore Ganguly
Advocate, Kolkata
18161 Answers
438 Consultations

5.0 on 5.0

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