Interpretation Of Irrevocable POA

Asked in Civil

  • Rajesh Patel

    Bharuch

Expert's Answers(7)

  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, it is invalid POA

    April 26, 2021
  • Adv R Muraleedharan

    Trivandrum, Kerala
      1 Client Ratings

    An irrevocable POA is drafted by 3 principals. Agents of this POA are 2 maternal uncles. The subject matter of the POA is about the properties these principals will receive in the future. These principals have released their rights to these properties in favor of these maternal uncles who are the agents in the PoA. Here the agents have created an interest in the property which forms the subject matter of the agency. Generally speaking, a PoA is terminated by the death of either the donor or of the donee of the PoA. However, section 202 of the Contract act lays down an exception to the general rule of termination of the agency. According to section 202, Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. The illustration given to section 202 lays down that the principal cannot revoke this authority, nor can it be terminated by his insanity or death. In the instant case, since there is an interest for the agent in the property which forms the subject matter of the agency, and since there's no contract to terminate the agency in the event of the death of either the principal or the agent, the PoA is still valid and can be executed.

    April 25, 2021
  • Advocate Mohammed Shahzad

    Delhi, Delhi
      2 Client Ratings

    No, after the death of Principals , the said POA is not having legal value. Further, a POA is limited to specified work mentioned therein , and out of the contents of the POA , the agent cannot do any work on behalf of the Principal .

    April 24, 2021
  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Hi, More often than not, a POA is invlaid after the death of principal and cannot be used by the agent no matter what. However, if property title has already been transferred before the death, then mutation of records can take place. Thank you

    April 24, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    You said two principles are dead then in their absence what is the Status of their legal heirs about the properties involved. The exwcurants do have their own legal Status. Secondly how new attorneys can be inserted in their place. Your question requires more explanation. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    April 24, 2021