Power of Attorney (without consideration) ...

Querist : Anonymous (Querist) 06 January 2011 This query is : Resolved
Sir...
My father is executing a Power of Attorney ( without consideration) which also authorizes me to sell his property in Delhi ...

My ques. are -

1.Can this POA be irrevocable or should it be only revocable as it is without consideration.

2.As very small part of the property is sold already by my father, should it be mentioned in the POA regarding the previous small part of the sale made( my lawyer has not mentioned that)or is it ok just to mention that " This POA is made in respect of the following property".

3.As small part is sold we are not able to mention the area is sq. yards of the family.If we dont mention the area of the property but just give the property no. is it ok.

4. Does the details of the whole chain of legal heirs should be given that how the property got devolved to him or the details of last Relinquish Deed which created his rights is enough.

Thanks a lots...

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A V Vishal (Expert) 06 January 2011
1.Can this POA be irrevocable or should it be only revocable as it is without consideration.

Ans. The POA is revocable and there is nothing as irrevocable POA. A POA may become irrecovable only if some interest is created.

2.As very small part of the property is sold already by my father, should it be mentioned in the POA regarding the previous small part of the sale made( my lawyer has not mentioned that)or is it ok just to mention that " This POA is made in respect of the following property".

Ans. Not required, your lawyer is correct.

3.As small part is sold we are not able to mention the area is sq. yards of the family.If we dont mention the area of the property but just give the property no. is it ok.

Ans. It is sufficient however, the approximate area if mentioned will be helpful.

4. Does the details of the whole chain of legal heirs should be given that how the property got devolved to him or the details of last Relinquish Deed which created his rights is enough.

Ans. Yes.

Querist : Anonymous (Querist) 06 January 2011
Thanks a lots for the answers ...

Can you kindly give me a link on the net where i could find format of such Power of Attorney ( without consideration), so that i can compare the same drafted by my lawyer for my precaution...

also

If a Power of Attorney ( without consideration) is an irrevocable POA does it creates some rights and subsequently Stamp Duty ) .
and
or will i have to mention in a clause that if i sell the property I WILL HAVE TO DEPOSIT THE PROCEEDS OF THE SALE IN HIS ACCOUNTS.

Thanks...

Amit Minocha (Expert) 06 January 2011
I agree with suggestions of Mr Vishal. Donot doubt competence of your lawyer else you should not have engaged him. The more you search the more you would be confused. You have already checked that your lawyer has drafted correctly. There is no end to suspicion.

Querist : Anonymous (Querist) 06 January 2011
Thanks...

Actually i am a lawyer myself that's why i am a member of this Forum though my specialization lies not in civil matters but in another field ... lol ..
But being a lawyer i would love to understand my case and would like to re check the draft myself ..
Thanks ...

A V Vishal (Expert) 06 January 2011
Post your POA in the site here so the experts can give opinion on the same.

Querist : Anonymous (Querist) 06 January 2011
can i post them ...

ok thanks...

Querist : Anonymous (Querist) 06 January 2011
The 2nd format is this one which is
irrevocable...

Querist : Anonymous (Querist) 06 January 2011
Please i have the same ques. stand there -

If a Power of Attorney ( without consideration) is an irrevocable POA does it creates some rights and subsequently Stamp Duty ) .
and
or will i have to mention in a clause that if i sell the property I WILL HAVE TO DEPOSIT THE PROCEEDS OF THE SALE IN HIS ACCOUNTS.

Thanks...

Power of Attorney (without consideration) ...

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