Power of Attorney

Shilpa Rani (Querist) 09 December 2008 This query is : Resolved
if the son is not in india and had executed POA to his father to sell his ancestral properties....if his father sell those ancestral properties and denies any share in that sell away money....how son can deal this case.....

can anytime son can cancel POA executed to his father before selling the property ...and what if canceeling POA after selling the property...

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Manish Singh (Expert) 09 December 2008
look the poa can be revoked only till the time the father has not taken any concrete steps in the transaction like getting into agreement to sell etc.
after that it cant be revoked.
if after selling off the property the father doesnt give his son's sshare, he can file recovery suit.

G.G.Shaikh Advocate M:9898038990 (Expert) 09 December 2008
yes son can cancel his poa before selling the property

Adv.Shine Thomas (Expert) 10 December 2008

Guest (Expert) 10 December 2008
PoA can be revoke any time before or after selling of the property

Manish Singh (Expert) 10 December 2008
Dear Mr. Ali,
I completely differ from your point of view since once the attorney gets into A step ahead undet the POA and wherein the revocation of POA can prejudice the rights of the third party, then it becomes irrevocable.

rupareliya (Expert) 10 December 2008
POA CAN REVOCAT AT ANY TIME BUT SON CAN NOT CHALLENG THE SELL OF AGRREMENT OR SELL DEED
BUT HE CAN SUE FOR GETTING AMOUNT OF SELLING PROPERTY
IF FATHER DONT GIVE MONEY OF THAT PROPERTY THAN SON CAN FILE COMPLAIN ALSO UNDER SEC 409,406,420 IPC

G. ARAVINTHAN (Expert) 10 December 2008
After completion of the sale, cancellation/revocation of Power of Attorney deed gives no good to the son

Manish Singh (Expert) 10 December 2008
I think theres a bit confusion over my reply since i didnt mention that the POA becomes irrevobale only to the extent the act has been done by the attorney which IS spoken as "irrevocable" in the eyes of law.

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