PROPERTY POA: THE OWNER DIED — BUT THE PROPERTY WAS STILL TRANSFERRED

THE OWNER DIED. THE POA DIDN’T — OR SO THEY CLAIMED.

What happens when a property owner dies, but someone continues using an old Power of Attorney to deal with that property?

A recent Gujarat High Court judgment dated 15 July 2026 provides a disturbing case study.

In Purshotam Ranchhodbhai Pankhania v. Harihar Ambalal Patel, the dispute concerned a property in Vadodara.

The plaintiffs had executed General Powers of Attorney in favour of the defendant.

But one of the principals — the plaintiff's wife — died in 2010.

Despite her death, a registered Gift Deed dated 05 January 2011 was executed using the Power of Attorney, transferring the property in favour of the attorney holder's son and daughter-in-law.

The defence included arguments concerning financial transactions, loans and alleged settlement of accounts.

But the High Court examined something more fundamental:

Did the POA actually authorise the attorney to make such a gift?

The Court held that the Power of Attorney had to be construed strictly. General wording could not simply be stretched to create a power that was not actually granted.

More importantly, the Court held that the agency of the deceased principal had come to an end upon death. The attorney could not continue acting on behalf of the deceased merely by relying upon the old POA.

The Court ultimately allowed the appeal, set aside the trial court's judgment and declared the registered Gift Deed void ab initio.

Now think about the practical danger.

A property owner may tell a relative:

“तुम बस मेरी property संभाल लेना।”

A friend may be given a POA because the owner lives abroad.

An advocate may be instructed to “handle everything”.

A family member may retain the original documents.

Then circumstances change.

Death. Family dispute. Financial dispute. Trust breaks down.

And suddenly an old document starts appearing in a completely different context.

That is why property owners, NRIs, senior citizens and legal heirs should not treat a Power of Attorney as a routine formality.

Before giving one, examine:

What property is covered?

What exactly can the attorney sign?

Can the attorney sell?

Can the attorney gift?

Can the attorney compromise or settle?

Can the attorney create third-party rights?

What happens when the principal dies?

And if the principal has already died:

Who is still using that POA — and for what purpose?

Because a document that was meant to make property management easier can become the centre of a completely different litigation.

किसी रिश्तेदार पर भरोसा करना अलग बात है।

उसे अपनी property पर unlimited authority देना अलग बात है।

Through MenCell.Org, built over nearly two decades, I use judicial activism, RTI activism and other lawful methods to examine procedural problems and build a case strategy.

If you are facing a property dispute involving inheritance, relatives, POA misuse, disputed documents, suspicious transfers, police refusal to register an FIR, court notices/summons, mediation or conciliation, Vakalatnama or questionable legal representation, do not wait until the document has already been used against your property rights.

Paid one-to-one consultations are available through Google Meet.

I can also visit your home, office or another convenient location across Delhi & Delhi NCR.

Appointment booking and WhatsApp consultation are available through MenCell.Org. WhatsApp: 9873540498 — message only to book an appointment.

Property fraud does not always begin with a stranger. Sometimes it begins with a document you signed for someone you trusted.

पहले authority समझिए — फिर signature कीजिए।