Is Power of attorney valid when one of the persons who gave it died
2 years ago
My grandfather had a power which there legal heir gave them in 2001, now one of the legal heir died due to accident, is the power still valid?
A.Hi,
Under Indian law, an ordinary power of attorney where the agent (attorney) has no interest in the material or has not paid any valuable consideration in respect of the material involved, the POA would extinguish upon death of the principal.
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Under Indian law, an ordinary power of attorney where the agent (attorney) has no interest in the material or has not paid any valuable consideration in respect of the material involved, the POA would extinguish upon death of the principal.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A power of attorney (POA) is a legal instrument that authorises one person to act on behalf of another (the agent or attorney-in-fact) (the principal). There are a number of POAs and each of them subsists even after the death of the original person. Under Section 202 of the Indian Contract Act 1872, a power of attorney with the essential elements is irreversible and effective even after the donor's death (unless ruled invalid/terminated by a court).
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A power of attorney (POA) is a legal instrument that authorises one person to act on behalf of another (the agent or attorney-in-fact) (the principal). There are a number of POAs and each of them subsists even after the death of the original person. Under Section 202 of the Indian Contract Act 1872, a power of attorney with the essential elements is irreversible and effective even after the donor's death (unless ruled invalid/terminated by a court).
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A.Dear Sir,
Yes, if one of the executor of Power of Attorney is dead. If the living person wish to continue his Power of Attorney then he has to execute a separate individual Power of Attorney.
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Yes, if one of the executor of Power of Attorney is dead. If the living person wish to continue his Power of Attorney then he has to execute a separate individual Power of Attorney.
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A.For power of attorney the construct of the PoA is very important. If the wordings are such that it conveys the meaning that post death of the donor the PoA will hold good or the PoA is irrevocable then death of one of the maker will not make much of a difference otherwise the PoA will become null and void.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to know whether that Power of Attorney was given for valuable consideration and was expressed to be irrevocable, then that Power of Attorney will remain valid for all including the deceased Principal.
Otherwise in case of General Power of Attorney, upon death of one of the Principals, the Power of Attorney ceased to have effect in respect of that deceased Principal,however, that POA will remain operative for other Principals.Therefore, your grandfather can perform his responsibilities on behalf of all the Principals save and except on behalf of that deceased Principal. It is necessary to take fresh Power of Attorney from all the Legal heir and heiress of that deceased person.
Otherwise in case of General Power of Attorney, upon death of one of the Principals, the Power of Attorney ceased to have effect in respect of that deceased Principal,however, that POA will remain operative for other Principals.Therefore, your grandfather can perform his responsibilities on behalf of all the Principals save and except on behalf of that deceased Principal. It is necessary to take fresh Power of Attorney from all the Legal heir and heiress of that deceased person.
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