Power of attorney

Aftab Shaikh (Querist) 06 October 2012 This query is : Resolved
A flat is in the joint name of Husband and wife. They wish to give a power of attorney to their son to take care of the flat and to give it on rent etc. The son wants to give the flat on Rent and register the leave and license agreement.The husband who is the joint owner is out of town on some work.
1)My question is can the wife who is a joint owner give the power of attorney to the son alone. 2)if No then with that POA can the son register the flat. 3)If NO then what will be the Validity of the registered agreement enetered by the son with that POA.

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ajay sethi (Expert) 06 October 2012
no wife can give power of attorney only for her 50%share

son cnanot register the flat on basi of said power of attorney as his mother had no power to give any authority to her son for entre flat

Advocate Bhartesh goyal (Expert) 07 October 2012
Son has to obtain the power of attorney from both his mother and father.If son entered into agreement without obtaining the power of attorney of his father,the agreement would be illegal.

prabhakar singh (Expert) 07 October 2012
Any kind of transfer can be made only by owners ,here the father and mother,both are required to appoint their son POA to entitle him to enter with any agreement with third parties are true opinions advanced.
BUT if we pain a little more in my view you can go ahead with the transaction and it shall stand proper provided when your father come back you get this transaction specially rectified in his POA to be executed in your favor at then.

If I can give powers to my agent I can also
rectify his acts done on my behalf without any formal POA.

Aftab Shaikh (Querist) 07 October 2012
Sir, Thank You for your valuable advice. It is said if the property is in the joint name, the first owner or the person whose name appears in the agreement first can give the POA alone, is it correct? Kindly advice. Thank You.