Usually, yes. A Power of Attorney normally ends when the person who gave it dies. Someone who was authorised to sell or manage their Kerala property should not assume the same authority continues.
There are exceptions. The POA holder may have a legally protected interest in the property, and it can matter when they and others learned of the death. These need checking before anyone treats a planned or completed transaction as valid—or invalid.
What should your family do next?
- Tell the people involved. Notify the POA holder and any known buyer, broker or bank about the death. Keep proof of when each person was informed.
- Ask for a pause before any new sale commitment. Have the authority checked promptly. Necessary steps to protect the property should continue; a request to pause does not itself stop registration or cancel a contract.
- Gather the papers you have. Start with the complete POA, death certificate, ownership deeds, any sale agreement and messages about the transaction. Note who holds the originals.
- Check whether anything has already been signed or registered. A current Encumbrance Certificate (EC) and registration search can help identify recorded transactions. An EC is not a guarantee that no unregistered claim or dispute exists.
- Get help quickly if a signing date is close. Explain the date and any existing contractual deadline when seeking advice. Booking a consultation does not extend a deadline or stop a sale.
If a document is missing, say so. Ask what copy or record can be obtained rather than guessing what the POA allows.
Why does the authority usually end?
The person giving the POA is called the principal. The person authorised to act is the agent, often called the attorney-holder. Here, “attorney” does not necessarily mean a lawyer.
Section 201 of the Indian Contract Act, 1872 says that an agency ordinarily ends on the principal's death. The old POA cannot simply be “updated” as though the owner were still alive.
However, the agent still has a protective duty. Under Section 209, they must take reasonable steps to preserve the interests entrusted to them on behalf of the deceased person's representatives. Protecting property is different from having fresh authority to sell it or decide who inherits.
What if the POA says “irrevocable”?
That word alone does not settle the answer. Section 202 protects an agent who has an interest in the property that the agency concerns. Unless there is an express contract to the contrary, the authority cannot end in a way that harms that protected interest.
The Act gives an example: an owner authorises an agent to sell land and repay a debt owed to the agent from the proceeds. Death does not end that authority to the prejudice of the protected interest. Lawyers call this an agency coupled with interest.
It is a narrow exception, not a rule for every paid agent or relative. The Supreme Court has explained why the word “irrevocable” is not enough by itself. An ordinary commission or time spent helping with a sale does not automatically create the required interest.
The full POA and connected loan, sale, development or settlement agreements therefore matter—not just the heading on the document.
What if the agent or buyer did not know about the death?
Section 208 treats the agent's knowledge and other people's knowledge separately. Termination does not take effect against the agent before it becomes known to them, or against third parties before it becomes known to those parties.
This can affect transactions or payments already made. It does not automatically make every post-death transaction valid. A lawyer needs to check what happened, what each person knew and when they knew it.
That is why keeping proof of notification matters. If a deed has already been registered, sending a notice does not undo it; advice about a court remedy may be needed.
What if two owners signed the POA and only one has died?
Imagine two siblings authorised the same person to deal with their jointly owned property. One sibling later dies.
The living sibling's authority may continue for that sibling's own share, if the POA allows each owner's authority to operate separately. It does not automatically extend to the deceased sibling's share.
Who becomes entitled to the deceased owner's share depends on the ownership arrangements, any Will, the applicable inheritance law and any survivorship rule that actually applies. The old agent does not automatically represent those heirs.
There is no single certificate or court process that fits every estate. If several heirs are involved, our guide to a Kerala property sale when one heir will not sign explains why one person cannot automatically authorise a sale for everyone.
Does the POA itself make the holder an owner?
No. Authority to act for an owner is not the same as ownership.
The Supreme Court has reaffirmed this distinction in its 1 September 2025 judgment, paragraph 21 and 27 February 2025 judgment, paragraph 56. A general POA arrangement does not itself transfer the land. A property sale ordinarily requires an appropriate registered sale deed.
A buyer must still check ownership and authority. A family member should not sign a broad replacement POA until it is clear which share they own and what they are authorising. Updating mutation or revenue records does not, by itself, resolve a disputed ownership claim.
Can you arrange the next steps from abroad?
You can begin by gathering the available records and discussing the situation with a Kerala advocate. Further work might involve checking ownership, establishing who inherits, arranging a release or partition, preparing a limited new POA, or considering court action.
If a new document must be signed abroad, its requirements depend on the country, the signer's status, the document and the authority receiving it in Kerala. Notarisation, apostille or consular attestation, Kerala stamp requirements and registration are separate checks. The Kerala POA execution guide explains those questions.
To discuss your family's situation, book a paid POA consultation with Advocate Anakha S. Use the call to explain what has happened, what needs attention now and the next steps to consider. Have the available papers and dates to hand. Any detailed document review, searches, drafting or representation will be agreed separately, with the work and fee explained before you decide.
This is general information as at 11 September 2026, not advice on your particular property or POA. The documents, facts and applicable law determine the answer. Reading this article does not create an advocate-client relationship.
Frequently Asked Questions
Does a Power of Attorney end when the person who gave it dies?
Usually, yes. Section 201 of the Indian Contract Act gives the ordinary rule. There are important exceptions: Section 202 protects certain interests the agent has in the property, and Section 208 deals separately with when the agent and other people learn that the authority has ended. Check the POA and any connected agreements before relying on it after a death.
Can a POA holder sell Kerala property after the owner dies?
Do not assume they can. Ordinary authority ends on death, but a protected interest under Section 202 and the knowledge rules in Section 208 can affect the answer. Neither makes every later transaction valid. The POA, ownership, heirs' rights and any steps already taken need to be checked. A POA itself does not transfer ownership of the property.
What if only one of the owners who signed the POA has died?
The living owner's authority may continue for their own share if the wording allows the two owners' powers to operate separately. It does not automatically cover the deceased owner's share or authorise the agent to act for the heirs. The POA, ownership records and inheritance position need to be checked together.
What should the family do first?
Tell the agent and anyone known to be involved in a sale about the death, keep proof of that communication, and ask for a pause while authority is checked. Gather the POA, death certificate, property papers and any sale agreement. Necessary steps to protect the property should continue. If a sale is imminent or has already happened, seek prompt legal help; notification alone does not freeze registration or undo a transaction.