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Madras High Court· 01 September 2026

Does a general power of attorney executed by more than one principal stand automatically terminated on the death of one of them?

DEIVANAIAMMAL v. M.RAJENDRAN(died)
AS(MD).88/2021 · 2026:MHC:3588 · A.S(MD)No.88 of 2021
Coram: Justice P.Vadamalai
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Answer

No. Where multiple persons execute a power of attorney, the death of any one of them, or of a few of them, does not automatically cancel the power deed so long as the other executants are alive. A sale effected by the power agent under that deed while it remained in force, and before its cancellation, is valid in the eye of law until coercion or a violation of the contents of the power deed is established.

Headnote

Power of attorney — general power deed executed by more than one principal — Limitation Act, 1963 — Article 134 — Code of Civil Procedure, 1908 — pleadings and evidence — Hindu joint family — alienation of an undivided coparcenary share — Proof of Will — suspicious circumstances — Power of attorney — several executants — death of one does not terminate the deed — Held: Where a power of attorney is executed by multiple persons, the death of any one of them, or of a few of them, does not automatically cancel the power deed so long as the other executants are alive. Sale deeds executed by the power agent while the power deed was in force, and prior to its cancellation, are therefore valid in the eye of law, until coercion or violation of the contents of the power deed is established. (¶21, 23) Hindu joint family — coparcener — alienation of undivided share before partition — Held further: There is no bar to the alienation of the undivided share of a coparcener prior to partition, and the alienee has valid title over the share sold to him. According to the law of equity, a person who purchases an undivided share before partition is entitled to seek allotment of the share which would be allotted to his vendor as a coparcener. (¶25) Code of Civil Procedure, 1908 — pleadings — no evidence without pleading — Held further: Evidence cannot be let in without a pleading. A stand taken for the first time in the course of evidence — that the power of attorney was executed on behalf of minor children and therefore does not bind them, and that there had been an oral partition — cannot be taken into consideration where no such averment is found in the plaint. (¶21, 29) Will — unregistered instrument — suspicious circumstances — propounder not examined — Held further: Where an unregistered Will is attested by close relatives of both parties, the propounder and the scribe are not examined, the propounder does not enter the witness box to substantiate his case and submit himself to cross examination, and material facts as to the testator's subsisting marriage and surviving brother find no place either in the Will or in the plaint, the Will is shrouded by suspicious circumstances which the propounder has failed to clear, an adverse presumption has to be drawn, and the Will is not proved. The testator is then deemed to have died intestate and his legal heirs are necessary parties. (¶30, 31) Limitation Act, 1963 — Article 134 — Limitation — challenge after attaining majority — Held further: Where those who were minors on the date of the power deed attained majority and did not challenge either the power deed or the sale deed within three years thereafter, and the plaintiffs have not established that knowledge of the transaction came to them only on receipt of a certified copy, the suit for declaration is barred by limitation. Appeal Suit dismissed and the judgment and decree of the trial Court confirmed. (¶27, 28, 33)

In the Court's own words
Paragraph 21Now, the plaintiffs claim that the sale was done against the benefit of the plaintiffs and welfare of the minor children and they took a stand that the minors are not shown as parties in Ex.A.8 power deed. The defendants 1 and 2 vehemently contended that there is no pleading regarding the minors not being shown in power deed and so, the plaintiffs’ version during the course of evidence could not be taken into consideration. This argument has merits. Because, it is a settled position of law that evidence could not be let in without pleading as rightly contended on the defendants side by relying on ruling rendered by the Hon’ble Supreme Court in Srinivas Raghavendrarao Desai case reported in AIR 2024 SC 1310 (supra). It is also the case of the plaintiffs that one of the executor of power deed namely Murugesan died on 12.10.2008, but the 1st defendant executed Ex.A.8 and Ex.A.12 sale deeds in favour of his wife and so, the sale deeds are not valid. It is not a correct statement. It is a settled position of law that when multiple persons execute a power of attorney, the death of any one of them or a few of them would not automatically cancel the power deed as long as the other executors are alive. This position has been adopted by various High Courts frequently and also the principal seat of this Court held such view in it judgment rendered in S.A.Nos.238 and 239 of 2023 on 28.11.2025, which is extracted hereunder:
Paragraph 23From perusal of records and evidence, the Ex.A.5 power deed was cancelled by way of Ex.A.9 cancellation. Ex.A.5 power deed is dated 31.07.1999 and the cancellation is dated 25.10.2010. The 1st defendant, as power of attorney of the 1st plaintiff and Murugesan, sold the suit items 1 and 2 to the 2nd defendant under Ex.A.8, dated 09.04.2010 and Ex.A.12, dated 29.07.2005. These sales deeds took place prior to the cancellation of the power deed. Moreover, the 1st plaintiff as P.W.1 has clearly deposed in her cross examination that “th.rh.M.5 Mtzj;ij ve;j fhuzj;jpw;fhf vGjpf;bfhLj;njd; vd;why; vd; fzth; rpW tajpnuyna vd;id tpl;Ltpl;L ,we;Jtpllhh; brhj;Jf;fis ghJfhg;gjw;fhf vGjpf;bfhLj;njd;. gth; gj;jpuj;jpid uj;J bra;fpw tiuapy; me;j gj;jpuj;jpw;F caph; ,Uf;Fk; tpguk; bjhpa[k; vd;why; bjhpa[k;. th.rh.M.5 Mtzj;jpy; fpiuak; bra;tjw;fhft[k;> xj;jp bra;tjw;fhft[k;> <L bra;tjw;fhft[k; vd;W Fwpg;gplg;gl;Ls;sJ vd;why; ehd; goj;Jg;ghh;f;fhky; ifbaGj;J nghl;L bfhLj;njd;. ehd; jhf;fy; bra;Js;s gpuhjpy; th.rh.M.5 gth; gj;jpuj;ij goj;Jg; ghh;f;fhky; ifbaGj;J bra;Js;nsd; vd;W brhy;ypa[s;nsdh vd;why; brhy;ytpy;iy.......”. So, they are valid in the eye of law, until any coercion or violation of the contents of the power deed.
Acts & Sections
Article 134 Limitation Act, 1963

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Also decided in this judgment
May a coparcener alienate his undivided share in joint family property before partition, and what is the position of the purchaser?What is the effect of the propounder of a Will failing to enter the witness box, and of the scribe and attesting witnesses not being examined?Can a party rely on evidence let in on a plea that finds no place in the pleadings?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections