Legal Question in Civil Litigation in India

my father in-law executed special power of attory in 1984 then he renounced his life and took sanyas, his where abouts are not known till now. we presume he is dead. Does the spa holder have any power to execute sale in 2004. And can we check for his original signature in book 4 of sub-registrar.

I thank for your advise


Asked on 1/25/13, 10:18 am

2 Answer from Attorneys
Vishwa Arya Arya & Co.

You have not mentioned as to when did your f - in - l took Sanyas. A person is assumed to be dead if his whereabouts are not known for seven years. A POA/SPA becomes infructuous after the death of the executant. So on a date when the power has been exercised (in 2004) if the executant (your f in l) was dead, then on that date POA/SPA could not have been enforced and thus no sale could have been affected.

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Answered on 1/25/13, 5:56 pm


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