Power of attorney
Isha
(Querist) 24 April 2014
This query is : Resolved
Dear Experts,
I wished to know the status of the Power of Attorney executed in favor of two persons would be, on death of one of the power of attorney holder! You are requested to cite judgment(s) that clears my doubt on this issue. Thanks
ajay sethi
(Expert) 24 April 2014
it would remain effective as far second power of attorney holder .
you dont need judgements
Advocate. Arunagiri
(Expert) 24 April 2014
What is the terms and conditions mentioned in that GPA?
Is there any clause which says any act to be done by both the Agents jointly?
Isha
(Querist) 24 April 2014
thanks Ajay!
Devajyoti Barman
(Expert) 24 April 2014
yes the whole POA would not be ceased to exist unless it is found that powers of both agents are inextricably connected with each other and same can not be performed by one of them without the other.
ajay sethi
(Expert) 25 April 2014
thanks for your appreciation
Isha
(Querist) 25 April 2014
Thanks Devajyoti!
Isha
(Querist) 25 April 2014
Experts,
Another query just came up in mind. Need your views/judgment references (if any)on this. Does a Power of Attorney which gives a right to sell required to be registered?
Please share judgment/s in case you are aware of it.
Isha
(Querist) 25 April 2014
Experts,
Another query just came up in mind. Need your views/judgment references (if any)on this. Does a Power of Attorney which gives a right to sell required to be registered?
Please share judgment/s in case you are aware of it.
V R SHROFF
(Expert) 25 April 2014
yes, it need compulsory regn.
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
The power of attorney deed in respect of immovable property are to be compulsorily registered unless it is not valid in law.
Isha
(Querist) 01 May 2014
Learned experts,
My query still remains as to compulsory registration of the POA. Since, no right/title/interest is created in the property, does the POA still require registration. Since POA holder is just an agent and not a charge holder in the said property.
Advocate. Arunagiri
(Expert) 01 May 2014
POA does not create any interest to the Agent, but it gives power to the Agent, to create interest to the buyer.
Isha
(Querist) 02 May 2014
True Expert Arunagiri. So, a PoA in this situation would not be required to registered. Expert Devajyoti, your response is appreciated. I asked for an example so as to be clear on this point since I have been going through judgments which are saying two different things about the same issue raised!
