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Two persons have executed a Power of Attorney for a property measuring 20 square yards, granting rights such as sale, loan, etc., in favour of one person. One of the executors of the Power of Attorney has died. Whether the Power of Attorney holder can sell half portion of the property, i.e., 10 square yards, on behalf of the person who is still alive? Please provide a solution along with relevant court decisions.
When one of the executors of a Power of Attorney dies, the POA becomes invalid for that person’s share but remains valid for the surviving person. The POA holder can sell only the share of the living executor (10 sq. yards), not the deceased’s share. As per Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, property transfer must be through a valid registered deed. Also, POA ends upon death for that person’s rights. Hence, legal heirs of the deceased must execute the transfer for their share. For further legal assistance contact us on our helpline number.