Power Of Attorney


Hello,

My mother baught a small piece of land in 1997. She was just given the POA from the vendor.

The power of attorney was transferred from Vendor A --> Vendor B --> My Mother.

She have the documents which are notarized and not registered. The stamp duty and registration has not been paid since then. Also we have got to know that Vendor B passed away last week however Vendor A stilll survives.

How this impacts my mothers stand over the property and what shall be the next action that needs to be taken.

Request you to kindly guide and show a way ahead.

Thnx,

Vishal

 
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Advocate

Dear Vishal,

You need to know that Power of Attorney Holder is an agent acting on behalf of the Original Owner/Vendor who is appointed to lookafter as per the powers given by the Principal.  In your case first POA  A is an agent cannot further appoint another agent B as  POA holder.  The Transaction in your case has become void,   POA, B  is already expired, so that all the powers given to him by A will become void. Only option available to your mother is to approach the first POA holder A to execute Sale Deed in your mother favour, so that it will become legal. For all the immovable property matters the registration of POA is very essential, notarized POA will not be useful.  At this juncture you need to consult an Advocate who is well versed in property matters, only he can help and save your interest.

TQ

Best of Luck,
 

 
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