Does Power of Attorney Expire on Executor's Death?

High Court Malaya Kuala Lumpur

[35] Upon the death of the deceased, the Power of Attorney will be automatically revoked unless the said document complies with s 6 of the Power of Attorney Act ie, (i) must be given for valuable consideration and (ii) it is clearly stated to be irrevocable by death. ... Therefore, the said instruments expire upon t....

Current Civil Cases

A Division Bench of Calcutta High Court held that the question whether the power of attorney came to an end by death of one of the principals depends upon the construction which is to be put upon the terms on the power of attorney. ... The Hon’ble Chief Justice SANDERSON concluded that the question whether the power of attorney came t....

2024 Supreme(BD)(SC) 11749

of attorney automatically vest upon the successors of the deceased by virtue of section 4(6) read with sections 2(4) and 11(1)(d) of the Power of Attorney Act, of attorney will automatically vest upon the successors of the power-grantor by operation of section 4(6) of the Power ... Section 11(1)(d) made it clear tha....

2025 Supreme(Online)(NCLT) 216

The general legal principle is that an individual power of attorney automatically becomes invalid upon the death of the principal. ... The reluctance of Mr.K.Venkateswara Rao (Respondent), holder of the Specific Power of Attorney (SPA) representing 47 Petitioners in CP No.50 of 2015 to disclose information about the death of certain Petitioners has led....

2025 Supreme(Online)(NCLT) 215

The general legal principle is that an individual power of attorney automatically becomes invalid upon the death of the principal. ... The reluctance of Mr.K.Venkateswara Rao (Respondent), holder of the Specific Power of Attorney (SPA) representing 47 Petitioners in CP No.50 of 2015 to disclose information about the death of certain Petitioners has led....

Therefore, upon the death of one of them, the joint power and authority conferred would cease to exist, thereby terminating the power of attorney. Similarly, the death of one of two agents terminates the authority of the other. ... This is given that the death of Liyanage Udenis Silva would automatically terminate the Power of #HL....

Therefore, upon the death of one of them, the joint power and authority conferred would cease to exist, thereby terminating the power of attorney. Similarly, the death of one of two agents terminates the authority of the other. ... This is given that the death of Liyanage Udenis Silva would automatically terminate the Power of #HL....

2024 0 Supreme(Ori) 23

The Opposite Parties also filed an application to dismiss the proceeding being not maintainable on the ground that upon death of both the executors of the WILL, the proceeding has come to an end automatically in view of Section 222 of the Act. ... He also relied upon the case of Jadeja Pravinsinhji Anandsinhji Vs Jadeja Mangalsinhji Shivsinhji and others, reported in AIR 1963 Guj 32, wherein, it is held that even in a Prob....

2025 Supreme(Online)(NCLT) 3515

The general legal principle is that an individual power of attorney automatically becomes invalid upon the death of the principal. ... A Special Power of Attorney holder functions as an agent of the principal, (TP No.78/HDB/2016) Date of Order: 19.02.2025 creating a principal-agent relationship as per the Indian Contract Act, and their authority is formalized under the ....

2024 0 Supreme(Bom) 420

has no general power to receive and pay what is due to and from the estate. ... Pawandham, Mahavir Nagar, Kandivali (West), Mumbai - 400 067, after my death the said DIMPLE RAKESH DOSHI will be the sole and absolute owner of my movable and immovable property, the list annexed herewith and nobody shall have any right upon the said property and nobody can claim the same. ... Bhargavan Rajan and others (supra), the Kerala High Court referred t....

2021 0 Supreme(Del) 207

Petitioner had also relied on the judgment of the Supreme Court in Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana and Ors., SLP (C) 13917/2009 dated 11.10.2011 to contend that no title or ownership to an immovable property can pass on the basis of a Power of Attorney in the absence of a registered sale deed with respect to the property. 2. It was averred in the application by the Petitioner herein that the plaintiff/Respondent herein had only claimed right to recover possession on the ....

2019 0 Supreme(Kar) 1817

Once the agency is terminated on account of the operation of law or by the act of the principal, the agent cannot act on the basis of the power conferred upon him under the deed of Power of Attorney. In the said case also, a co-ordinate bench of this Court observed that, a Power of Attorney gets terminated automatically by the death of either of the parties. As soon as the person who executed Power of Attorney dies, the right given to the agent comes to an end. The Chairman, ....

2019 0 Supreme(Guj) 186

That, in the power of attorney, the appellant was given all the powers of executing the documents, to remain present before the office of Sub-Registrar and in other government offices or specific government office to do any act which can be done by the executor of the power of attorney. That, the power of attorney was in nature of irrevocable and was never terminated by the executor. No notice was received by the present applicant terminating the power of attorney.

2018 0 Supreme(AP) 497

In any case, every general power of attorney need not necessarily expire with the death of the principal. Whenever a power is coupled with interest, the power may survive despite the death of the principal. In any case, even assuming without admitting that the G.P.A lapsed due to the death of Champa Devi, it is not the same insofar as the power given by Har Kuwar Pershad is concerned.

2018 0 Supreme(AP) 746

Whenever a power is coupled with interest, the power may survive despite the death of the principal. In any case, every general power of attorney need not necessarily expire with the death of the principal. In any case, even assuming without admitting that the G.P.A. lapsed due to the death of Champa Devi, it is not the same insofar as the power given by Har Kuwar Pershad is concerned.