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rajesh parikh (Senior Network Engineer)     17 March 2020

Power of attonery

Hi,

I have some query related to POA. I have General POA. Since i have been living abroad i have given POA to my real uncle. This POA is made in xyz, Gujarat. I need some clarification related to writing in the POA.

Point 2 has mentioning of "My uncle will be able to provide necessary answer at any government, semi-government related to this property on behalf of us.Will be able to sign on necessary documents as well he will be able to perform required all action.Also name transfer in xyz Muncipality, Property TAX as well will be able to perform all required action."


Que-1 >>>From above can he change the property on his name and become owner of house.
Que-2>>> Can he sell house without my knowledge.

If so, What should i do now.



Learning

 8 Replies

Dr J C Vashista (Advocate)     17 March 2020

The terms of PoA do not contain any power to sell the house, as observed from your post.

It is advisable to consult a local prudent lawyer for better appreciation of facts/ document, professional guidance and necessary proceeding.

Kishor Mehta (CEO)     17 March 2020

Your uncle will be able to carry out ONLY the specific rights that are conferred to him in the POA.

rajesh parikh (Senior Network Engineer)     17 March 2020

"Name transfer in xyz Muncipality"<<< What is the impact from this sentence to me?

Real Soul.... (LEGAL)     17 March 2020

Anything can happen..... and later you keep challenging the deeds and acts done on behalf of your executed POA. Just cancel it right now Execute in your trusted one's favour and mention clearly in POA ,that it cannot be used to change  the nature or title of property neither can be used for  any sale deed or related document ,or mortgaged or lien etc etc etc...

rajesh parikh (Senior Network Engineer)     17 March 2020

Can you please tell me the process to cancel it as i live abroad.

Real Soul.... (LEGAL)     17 March 2020

issue a power of attorney to anyone whom you trust and mention in your power of attorney that it super ceeds all previouslyu executed power of attorneys , and POA holder can cancel all or any of the previously executed POA,(mention the date and no. of that POA)  or related documents. Then that POA holder can appear in the  registrar court to cancel the previous POA. You can execute the POA where you are staying now legalized by Embassy of India.

For now';

Isue a notice in New paper that you are cancelling the POA dated in favour of such and such person. Submit the letter and paper cutting before the revenue authorties, and other offices and agencies where you doubt about misues of POA. Your someone in India can do that on your behalf.

ANAMIKA VICHARE (LAWYER)     23 March 2020

I think the clause nametransfer shoul not have beenthere.   In fact, it is not so easy to nametransferas everything requires registration,   However, big risk is involvedin such POA,   You cancel it right now and publish it in thenewspaper and aslso send notice to thaty effect to your uncle so that he does not use it fraudulently and recv the ack of notice sent to him.   then prepare another POA to the person who is trustworthy n before registeringthe POA kindly  confirm the drafyt rom some lawyer

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

He cannot change the proeprty to his name on the basis of the information you have provided here.

Further, if your uncle had been authorised to sell the property on your behalf then he can very well sell the property by executing a registered sale deed in favor of a prospective buyer.

 

Hence it is pertinent to know that if there is any recital made in the POA deed authorizing him to sell the property subsequently.

 


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