Power Of Attorney Holder Can't Mutate Assignor's Property After His Death, Execution Of POA Ends Automatically: Rajasthan High Court
The Rajasthan High Court has said that after the death of an individual, the execution of their power of attorney (POA) also comes to an end automatically, and the POA holder cannot transfer the share of the deceased assignor post their death based on the POA.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the orders of the Divisional Commissioner and the Board...
The Rajasthan High Court has said that after the death of an individual, the execution of their power of attorney (POA) also comes to an end automatically, and the POA holder cannot transfer the share of the deceased assignor post their death based on the POA.
The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the orders of the Divisional Commissioner and the Board of Revenue that had upheld the order of the Tehsildar.
The land in question belonged to 5 brothers who had executed a POA in favour of a third party in 1988. One of these brothers died in 1990. Subsequently, in 1995, the POA holder executed a sale deed of that land in favour of two individuals, who in turn sold the land to the petitioner in 2006. Accordingly, mutation entry of the land was entered into the petitioner's name.
Subsequently, proceedings were initiated by the legal heirs of the deceased brother by filing an application under Section 136 of the Rajasthan land Revenue Act, 1956 for correction of entries, and the said application was allowed by the Tehsildar, changing the mutation entries in the name of the respondents.
Against this, appeals were filed by the petitioner before the Divisional Commissioner as well as the Board of Revenue, but were rejected. Hence, petition was filed before this Court.
After hearing the contentions, the Court said:
"Perusal of the orders passed by the Appellate Courts indicate that husband of the respondent No.1, i.e., Panchu expired on 16.04.1990, hence, under these circumstances, both Appellate Courts below were of the view that the 1/5 share of the Panchu could not have been sold by power of attorney-Chandi Ram, after five years of his death. Taking note of the aforesaid fact, it was found that the subsequent sale deed executed in favour of the petitioner qua the 1/5 share of Panchu was not valid. It is the settled proposition of law that after death of an individual, the execution of power attorney of such individual comes to an end automatically in terms of Section 201 of the Act of 1872, hence, under these circumstances, the revenue entries made in favour of the petitioner were not tenable and the same has been rightly quashed by the Tehsildar".
Finding no error in orders passed by the authorities, the high court dismissed the petition.
Title: Smt. Kamla Khinchi v Smt. Kamla & Ors.
Citation: 2025 LiveLaw (Raj) 296