I have already replied to a similar question in detail, which is available at the following link: Validity of Power of Attorney after death of donor of power
So, I’ll not reply this question in detail again. Please go through the above reply.
In brief, I may reply that generally speaking, a Power of Attorney is terminated by the death of either the donor of POA or of the donee of the POA. Thus, generally, after the death of the donor, the POA holder cannot transfer property.
However, as I pointed out in the above reply, if there is an irrevocable Power of Attorney (POA) creating an interest in favour of the POA holder in respect of the property which forms the subject-matter of the POA, which is generally for some valuable consideration paid or payable to the donor of the POA, then such POA may not be terminated even after the death of the donor of POA and may continue to be valid. It may be binding on the heirs / successors of the donor of POA in these circumstances. Barring the above exception, generally speaking, a POA gets terminated by the death of either the donor or of the donee of the POA.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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