1) POA ceases on death of principal 

2) on next date inform court that plaintiff is dead and that legal heirs not brought on record 

3) you can change your lawyer if you so desire 

When the party that gave POA/principal dies, case file by POA also dies. You need to bring the fact of death of principal to the Court. Court will issue notice  POA for his response and after that dismiss the case. If you don’t have faith in your Advocate  you can change the Advocate.  

Dear Sir

Upon the death of the principal, the Power of Attorney is no longer valid.

So the influential builder no longer has the right to act on behalf of the principal.

It is advisable that you continue with your advocate only if you feel he is trustworthy.

Thank you

- POA having no value in the eye of law after the death of POA holder or the person who given the POA

- Further, if there is civil suit , then it should be given information to the court for the said death , and to brought the legal heirs on the record etc. 

- Further , if you are not satisfied with your lawyer , then you can legally change him .

1. Your first step will be to change your Advocate.

2. Thereafter collect the copy of the death certificate of the executor of the said POA.

3. Then file an application attaching the death certificate praying for dismissal of the case since the said POA has become invalid after the demise of its executor.

4. Even if you can not get the death certificate of the executor, you can file the said application praying for filing of an affidavit by the POA holder affirming that the POA holder is still  alive failing which the case should be dismissed. 

You can inform the same to court by filing an intervention application. 

If your lawyer is no more trust worthy,  you may abruptly change the lawyer. 

You can inform the court about the death of a party to the suit. 

The court may direct the plaintiff to file petition to implead the LRs of the deceased party.

You may engage a new lawyer and pass suitable instructions who will take care of the case in furtherance. 

1. first and foremost discharge your present advocate and engage a new HONEST advocate [this is assuming that the allegation which you have leveled against your advocate is true]

2. you can inform the Court about the demise of the Plaintiff by submitting his death certificate

3. as the Plaintiff himself is no more, his POA cannot act on his behalf 

4. if the legal heirs of the Plaintiff are not substituted within the statutory period, then the suit itself will be dismissed as no suit can be pursued by a dead party 

File suit for damages to claim the loss suffered by you 

Dear Sir

You can sue for the damages you incurred as a result of malicious suit.

Thank you

- You can move an application before the court for dismiss the suit , if the legal heirs of the plaintiff have not brought to the notice of the court within 90 days from the date of death. 

- Further , if the death of the plaintiff who was a POA , even this suit having no legal value and liable to be dismissed 

- Further , you can claim damages from the said builder for the financial losses incurred by the builder. 

You are entitled to file case for malicious prosecution and filing false affidavit and suit. First you need to get the suit dismissed then you can proceed against him for using dead man’s POA.

The POA deed stands cancelled automatically upon the death of the principal.

If the POA agent had filed the case after the death of the principal then he is reported to have committed the offence of cheating and fraud with intention for wrongful gains.

If the Principal is reported to have died subsequent to filing the suit then, if you are a party to the suit, you may file a memo before the trial court stating that the principal died on so and so date hence the POA  stands revoked, therefore the Power agent cannot continue to prosecute the case, therefore either a notice may be issued to the legal heirs of the deceased principal/plaintiff or the case may be dismissed as abated. 

You may better engage another good and experienced advocate who may continue to represent your case properly and fight to protect your interests. 

Please be aware that if the POA deed is clubbed with interest then it becomes irrevocable  even after the death of the principal since it involves the consideration amount, in that case there is no point in fighting against the power agent  on this aspect. 

Yes you can do so. For the proper and detail advice I need to study all facts. If you need any further assistance then you can approach me through kaanoon or LinkedIn.