Validity of a POWER OF ATTORNEY DOCUMENT
krishnarajpr
(Querist) 16 December 2010
This query is : Resolved
My friend is purchasing a property. this property was originally owned by 3 persons,and they have issued a power.
the Recitals in the power is the dispute here.
It is recited that .....here by appoint,Mrxxx s/o xxxx aged about xx yrs, President of xxx housing society to do the following acts.
The act includes, selling and registration.
It is contended that Mr.XXX is died and the present President of xxx housing society is registering documents.
I feel that there is an ambiguity in the framing of the words in the original power. It should have been ...hereby appoint xxxx housing society represented by its present President Mr.xxxx.
In the absence of such wordings, I understand that this may be contrued by the original agent as a personal power in his favour.
Please clarify.
adv. rajeev ( rajoo )
(Expert) 16 December 2010
If one of party who has executed a PA in favour of another person wont be valid in case of death of executant of PA
krishnarajpr
(Querist) 16 December 2010
Sir, my point is not in respect to the death of the excutant.
In the power it is mentioned as follows;
...do hereby appoint and nominate Mr.XXXx S/o ..... President of ZZz society.
My question is, in the absence of any specific mention that the power is infavour of the society, can Mr.xxx claim that the power is in his personal capacity and not infavour of the society.
Regrds
Advocate. Arunagiri
(Expert) 16 December 2010
If Mr.XXX dies, no POA is in existence. The society has no rights.
SAANJAAY GUPTAA
(Expert) 16 December 2010
Yes, if the Mr.xxx president of the society dies, Society's new president has no power to do any act on strenght of the POA given to the Mr.xxx.
krishnarajpr
(Querist) 17 December 2010
Dear Seniors, thanks for the clarification. It is very much useful.
Regards,
yogesh
(Expert) 18 December 2010
after death poa cannot be executed
