Legal Question in Wills and Trusts in India

A special power of attorney for sale of a property is given to another person for sale of that specified property. However the executant (the person who had executed the power of attorney) dies before the sale of the said property could be executed; then can the holder of the power of attorney sell the said property after demise of the executant? Is the power of attorney which was given for sale of a property valid after demise of the executant.

Asked on 9/26/13, 8:25 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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27.09.2013

Dear Sir / Madam,

NO, the Power of Attorney (POA) ceases on the death of the Executor and cannot be valid for any transaction entered into after the demise of the Executor. NO, the POA becomes null and void on the demise of the Executor.

Regards,

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Answered on 9/27/13, 3:39 am

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