Power of attorney

Sunlawseeker (Querist) 19 August 2013 This query is : Resolved
Respected Advocates!

Query Pertaining to the State of TAMIL NADU.

My friend is builder. He got a joint Power of attorney from two brothers to develop and sell flats.

Out of two brothers younger brother is died.
Whereas, the legal heir of deceased is ready to execute a power of attorney to the builder.

Query : Whether the builder should get a fresh POA or is it enough to get from the legal heir of the deceased?

awaiting reply
Thanks & Regards,
Sundaresan

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prabhakar singh (Expert) 19 August 2013
With suitable recitals of past history POA in existence and ratification clause for acts done post death of one brother, any of the two options can be opted. However a fresh would be better but recitals must be there with reference to past.

ajay sethi (Expert) 19 August 2013
have fresh power of attorney executed

adv. rajeev ( rajoo ) (Expert) 19 August 2013
Yes they have to execute the fresh power of attorney. It should be regd., one.

R.K Nanda (Expert) 19 August 2013
execute new POA.

Rajendra K Goyal (Expert) 19 August 2013
Better is fresh POA.

Sunlawseeker (Querist) 19 August 2013
Dear Advocates,

Legal heir of younger brother (died) is agree for new POA whereas, the elder brother is demanding huge values.

What to do in this circumstances?

Pls advice.

thanks.

Raj Kumar Makkad (Expert) 21 August 2013
You need not to obtain the POA of the younger brother rather have to obtain fresh POA of the legal heirs of the deceased younger brother.

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