cpc

Can a power of attorney enter into joint property

This query is : Resolved 
 

(Querist)
31 May 2016

Hello Sir,

My brother given POA to a person(supporter of my bro) as a custodian to his share in my joint property and my brother went to USA,the said property is parental ancestral property and my mother has passbook and title dead for that land as she is the elder of the family, becuase my father expired, now my mother want to cultivate that land as she don't have other source of income,but now that person(who has taken POA from my brother) is entering into that land and he is asking to stop cultivation as he has POA, is he can able to stop like that with POA?
is anybody who has POA can have right to enter into joint property?or only my brother can enter into that land?


Kapil Chandna (Expert)
31 May 2016

Sir,

Depending on for what purpose the Power of Attorney is being given.

Warm Regards
Kapil Chandna Advocate
9899011450

Kobaka (Querist)
31 May 2016

Helo sir,

I don't know about my brother's strategy,but the person who is got POA from my brother, that person entering into my joint property and making troubles to my mother like he is apposing the cultivation in lands,is he really having rights to stop us with POA on joint property?

Jayashree Hariharan (Expert)
31 May 2016

poa for immovable property should be registered compulsorily, so you can go to the jurisdictional sub registrar office and take a copy. that way you can know exactly what is written and whether he has the rights as poa holder.

Kobaka (Querist)
31 May 2016

Its not a registered poa,they have written it on 100rs stamp paper on their home,with 2 witness as I mentined in my main query,they written in doc as that person is the custodian for my brother's share,but now that person is making troubles by entering into land,is he can able to enter with poa on joint property?

Kapil Chandna (Expert)
01 June 2016

Sir,

If you are not aware of the facts then no opinion can be given.

Warm Regards
Kapil Chandna Advocate
9899011450

Kobaka (Querist)
01 June 2016

helo Kapil sir,

they have written POA on 100rs stamp paper on their home,with 2 witness as I mentined in my main query,they written in that doc as that person is the custodian for my brother's share of my joint property

DR.VEDULA GOPINATH (Expert)
02 June 2016

Yes. It can be given. Please give me details of document to enable advise you further.

Dr Vedula Gopinath advocate/arbitrator

vgnath@gmail.com

Kobaka (Querist)
02 June 2016

Hi sir,
The poa document is stating that the person is custodian for my brother's share in my joint property,
Is poa can be given on joint propert?

N.J.S.Rajkumar alias narasimha (Expert)
02 June 2016

Even the POA can not stop your Cultivation in the Land which is yet to be Partitioned/Divided.Give a Police Complaint against him with out your self approaching the Courts.Let the POA of your brother approach the Court for Legal Partition /Remedy which would take time and peacefully proceed with your agriculture with out your self going to court.Handle it tactfully.

Kobaka (Querist)
02 June 2016

Thank you soo much for your reply Rajkumar sir

Rajendra K Goyal (Expert)
09 June 2016

POA can be given for joint property.

Any share holder / his POA can not stop using the property by other share holders of the property. share holder (POA if having such powers) can proceed to get the property partition.

N.J.S.Rajkumar alias narasimha (Expert)
10 June 2016

You are welcome Dear Author.



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