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IREF® - Indian Real Estate Forum > Real Estate Open House > Indian Property Laws > Power of Attorney - One signatory is dead
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Old October 30 2012, 05:39 PM   #1
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Default Power of Attorney - One signatory is dead

This is an interesting situation faced by my friend.

A land owner has inherited his land from his father through an unregistered will. He and his wife and his three sons, daughters and daughter-in-law (all major) have signed a Power of Attorney in 2001 September authorizing a real estate agent to sell the land on their behalf. In 2004, the real estate agents got CMDA approval and sold the land to public(including my friend) and he signed the sale deed using the POA. Now my friend has received a lawyer notice from two of the sons of the original landowner who signed the Power of Attorney stating that since their dad passed away when the sale deed was signed in 2004, the Power of Attorney is null and void and hence the land needs to be returned back to them. The two sons who have given the notice have also signed the Power of Attorney in 2001. They have received money from the real estate agent when the land got sold to public but the real estate agent is also dead now and hence no document is available to prove that these two sons received money from the real estate agent in 2004.

My friend's opinion is that since these two sons have signed and all others who have signed the POA except the father are alive, the POA is still valid. Any one knows the legal opinion on this? Thanks very much.
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