Power of Attorney

subramaniam (Querist) 01 March 2010 This query is : Resolved
My father (hindu) execute a power of attorney in favour of third party as a guardian for me (My age is 17) and also for himself regarding about our ancestral property for sell.

What is the validity of that POA ?

Can he execute a POA as his capacity of Guardian?

After minor (myself) attaining majority age what is the consequences ?

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niranjan (Expert) 01 March 2010
When natural guardian your father is there,guardian cannot be appointed.You have said that it is ancestral property,so you also have equal share in the property.If your father sells the property affecting your share without necessity,after attaining majority you can challenge that sale.Youshould persuade your father to cancel the gpa,it will be in interest of you all.

Parveen Kr. Aggarwal (Expert) 01 March 2010
Your father cannot execute POA on your behalf to alienate the land. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 places restrictions regarding alienations of properties of a minor and the same cannot be without permission of the Court.

A V Vishal (Expert) 01 March 2010
If the property belongs to a minor:
In case where the property is owned by a minor, prior approval of the court is required to enable the minor's father/natural guardian to sell the property. In the absence of such permission, the sale could be voidable at the option of the minor on attaining majority.

adv. rajeev ( rajoo ) (Expert) 02 March 2010
Thru., power of attorney your father cannot appoint a third party as m/g. Moreover natural guardian is live. PA is not at all valid.
If PA holder sells the property you can challenge it after attaining the majority.
To sell the minor's property civil court permission is must.

Raj Kumar Makkad (Expert) 02 March 2010
I have similar opinion as of all other experts.

Guest (Expert) 02 March 2010
i do agree with experts

Kumar Thadhani (Expert) 03 March 2010
Yes Ido agree with experts how can your father alienate the property on behalf of you to the the third party since natural existence is existing as on today, if it is done Court permission is required to doso.

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