Mushtaq

Founding Member
Power of Attorney (POA) expiration
What happens to the POA when the person assigned to Dies, does it expire with the person or can it get passed to executor of the will of the deceased?

For example;

the Buyer buys property from Seller (Buyer can't get TAPU as army clearance is needed)

Seller gives full POA to Agent to do the transfer when the time is right.

If Agent dies before the transfer can take place, what happens with the POA is it still exercisable by the estate of the Agent or does it expire?
 

pebble

Member
Power of Attorney (POA) expiration
I think the POA is good for a year only. I say this only because I was in business with my sister in law, and we both had each others power of attorney . I recently wanted her to sell my car over there, cause she has that power, but she looked into it, and the POA had expired. and i would have to go thru a murderous process from this end to get a new one. In the end, she is just going to keep the car till I come back.

I am pretty sure that the POA only covers the actual named person, it doesnt go to the family.

Now...If you have been stupid enough to buy the house and have the tapu put in someone else's name - your lawyer, the waiter, the emlak, your new best friend the builder, well kiss it goodbye, cause the family will not - not in a million years - give up what in their minds eye they see as something that is "THEIRS"
 

celtic

Member
Power of Attorney (POA) expiration
What happens to the POA when the person assigned to Dies, does it expire with the person or can it get passed to executor of the will of the deceased?

For example;

the Buyer buys property from Seller (Buyer can't get TAPU as army clearance is needed)

Seller gives full POA to Agent to do the transfer when the time is right.

If Agent dies before the transfer can take place, what happens with the POA is it still exercisable by the estate of the Agent or does it expire?

It should be handled in different possibilities, Mushtaq.

As going on your example;

If the POA was arranged by the seller to transfer the ownership on a determined date, for instance on the 19th August 2009, but the representative died before this date(let's say on the 5th August 2009), the POA is null and void.

From the other hand, if there's determined no dates on the POA to transfer the ownership and the representative died before transferring, the document is still effective, therefore the seller and the buyer can both take action for performing the content of the POA, but merely by filing a case.

This difference is not specified in the code, but in the verdicts of the supreme court(Yargitay).

Hope this helps.
 

yalimart

The Carnwath Massive
Power of Attorney (POA) expiration
Celtic
After the completion of a purchase, should power of atourney be removed ?

martin
 

celtic

Member
Power of Attorney (POA) expiration
Celtic
After the completion of a purchase, should power of atourney be removed ?

martin

If the POA was given for selling/buying a determined/specified property(with the block number or address) and date, it's not needed to be removed, because the representative can not do anything further than selling/buying this property, Yalimart.

As a well known rule of Turkish property law, all POAs have to be specifically/particularly arranged. With another saying, you can't give a POA to a person for selling all your real estates or buying any immovables he wants with your money. A POA has to be a particular one for transferring the ownership of a determined property. However, I recommend you to remove it afterwards in case all eventualities.
 

Ms Who

aka Kym Ciftci
Power of Attorney (POA) expiration
Ive got loads of these things! If I die, the POA dies with me unless it has anyone elses name in it also giving them POA.

No time limit on a POA unless otherwise stated in it. The staff at the Notary office MAY say its too old and a new one is needed after a period of around 5 years but that is not guaranteed.

A POA is only valid for what you put in it. i.e. u can give someone POA for selling your house and nothing else, or, collecting your tapu and nothing else, or connecting the utilities in your name and nothing else, etc.. The more eventualities you give on a POA, the higher the cost of it.

The most important thing to remember is to listen to exactly what the legal translater is telling you line by line and if you dont understand, question. It is his/her job to explain exactly what you are signing and he has to be there by law to translate it to you.
 
Power of Attorney (POA) expiration
Celtic
May be you could answer this for us?

The landowner gives POA to the developer to build and sell properties, the builder to profit from the sale of some of the villa's built and sold.
If elderly landowner dies, what rights do his family have regarding the properties which are currently going through the sale process? Contract is drawn with the developer and a solicitor has POA for the buyer.
Rob & Juls
 

Martyn

Member
Power of Attorney (POA) expiration
Ive got loads of these things! If I die, the POA dies with me unless it has anyone elses name in it also giving them POA.

Please try and hang around Kym until at least you have completed mine :smile:
 

celtic

Member
Power of Attorney (POA) expiration
Celtic
May be you could answer this for us?

The landowner gives POA to the developer to build and sell properties, the builder to profit from the sale of some of the villa's built and sold.
If elderly landowner dies, what rights do his family have regarding the properties which are currently going through the sale process? Contract is drawn with the developer and a solicitor has POA for the buyer.
Rob & Juls

If the landowner passes away before the builder sells the properties, the POA becomes null and void. The successors of the landowner must apply to the registry office for getting the ownerships of the properties passed to their names. The builder who was given the POA by the deceased one can do nothing in this circumstance.

If the properties were sold before the landowner passed away and the charges were payed to the builder as he was representing the owner, the successors of the deceased landowner should send a notarized notice to the builder for demanding the amount of money which was payed in return of transferring the ownerships. They can file a case of debt towards the builder afterwards if he/she ignores their rightful demands.

It's not correct for me to make further comments on this issue without getting informed of the relevant documents. However I can say that it's not a difficult case to win, since everything needed(such as who was given the POA from whom, which transactions were done based on this POA and how much money was paid during the sales and etc..) is maintained in the records of the registration office.

Hope this helps,

Regards.
 

Ms Who

aka Kym Ciftci
Power of Attorney (POA) expiration
Well Martyn I dont plan on going anywhere, but then I guess thats up to fate eh!!!
 
Power of Attorney (POA) expiration
Many thanks for your explanation.
To clairfy all staged payments have been made to the developer except the final one.
Our military clearance has been lost once, wrongly completed once and is now delayed somewhere!
If the landowner with whom the developer has a POA dies, does this mean his family have a claim and that we must go to court to finalise the purchase?
Thanks again Rob & Juls
 

celtic

Member
Power of Attorney (POA) expiration
The issue is more complicated and to your disadvantage if you payed but still haven't transferred the ownership in your name.

It's up to the successors of the landowner. If they get the property passed in their names in the registration office before you transfer the ownership, you can't have the property, but barely refund the amount of money you paid so far by filing a case towards the developer.
 

Lindacm

Member
Power of Attorney (POA) expiration
Celtic,

If I gave POA to my husband to access any of my affairs...sell my 50% ownership of our villa, or access my sole bank account. If I die does he still have access to all the above?

If I die, does the POA die with me?

Thanks,

Linda
 

celtic

Member
Power of Attorney (POA) expiration
Please read what I wrote in response to Mushtaq's question in the 1st page, Linda.
 

Lindacm

Member
Power of Attorney (POA) expiration
Please read what I wrote in response to Mushtaq's question in the 1st page, Linda.

Yes, I did read that. However, I meant a general POA to cover anything, not something specific?

For example: If I gave my husband an open POA to undertake anything on my behalf, then I die. Does the POA die with me?
 

celtic

Member
Power of Attorney (POA) expiration
Yes, I did read that. However, I meant a general POA to cover anything, not something specific?

For example: If I gave my husband an open POA to undertake anything on my behalf, then I die. Does the POA die with me?

Such a general POA wouldn't be valid for real estates, Linda. It's required to be a particular POA for selling/buying/transferring the ownership of an immovable property. With another saying, an immovable property has to be specifically stated in the POA with it's address and/or block number to be sold or bought behalf of anyone else.

And yes, a general POA becomes null and void when the one who gave it dies.
 

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