Response

A power of attorney is an instrument that is used by people to confer authority on somebody else to legally act on their behalf. They can be of two types — special power of attorney (SPA) and general power of attorney (GPA). While an SPA is used for transfer of a specific right to the person on whom it is conferred, the GPA authorizes the holder to do whatever is necessary.

Supreme Court ordered that no further transfer of property should be allowed through General Power of Attorny”s. Most of the states have banned the purpose of General Power of Attorny (GPA) soon after.

The Supreme Court of India, in Seth Loon Karan Sethiya v. Ivan E. John, AIR 1969 SC 73, held: 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. It is settled law that where the agency is created for valuable consideration and authority is given to effectuate a security or to secure interest of the agent, the authority cannot be revoked

The General Power of Attormy (GPA) is valid only till the date of death of the father, as the Power of Attorney is only a agent and once the Prinicipal dies along with the death the agent power also ends. GPA ceases on death of the holder of power of attorny.

If the person who gave the GPA is dead, i.e., if the principle has died than GPA has no effect and no body even his or her legal heirs too cannot sell the property based on that expired GPA after the death of person who executed it.

Reference: The Powers of Attorny Act 1882; section 202 of the Indian Contract Act, 1872; Seth Loon Karan Sethiya v. Ivan E. John, AIR 1969 SC 73,

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LAWAYZ-2023-621