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Harish   06 January 2016

Poa - take possession

Ihave given a POA to my sister to manage my properties, and one of the para in the POA says:

"To take possession of that freehold and leasehold property being XXXXXX and manage the same, to mortgage charge sell lease let and otherwise dispose of the same to collect distrain or enforce or payment of and recover the rents and profits of the same to accept surrender of lease and tenancies affecting the same and to enter into contracts convenants and arrangement of all kinds in relation to the same"

She has transfer these properties into her name and says that this POA has given her the power to transfer these properties into her name.

Can you advice if that is correct?



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 1 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 January 2016

How can she do that? If she has sold the property in the capacity of her being a POA holder, then how can she have purchased it? The buyer and the seller cannot be the same person.

The POA gives her the right to sell it to anyone else , as you have specifically mentioned that in the POA deed. However she cant sell it to herself.

If you feel that she has misused the same or has atte,pted to do so, cancel the POA right away.


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