R.Rajendran (ENGINEER) 10 June 2008

power of attorney for 3 persons

I am 56 years old.I had 3 elder brothers and 5 sisters. Out of this, 1 elder brother and 2 sisters are not alive (the expired brother and sisters have their families).

My mother expired in 1970. My father bought a house in my mother's name when she was alive.All my brothers and sisters are married and and settled. My father expired in 2004. Now we(9 members) want to sell the house and share the money.To avoid getting Heirs-Certificate, we want to sell the house by executing a power of attorney.The eldest brother says that the power of attorney should be written in his name so that he can sell and share the money . But the other members(including me ) are not ready to believe him.Our apprehension is that he may not share the money as promised by him.Our house- deed document is in the custody of my eldest brother.My question is :'' Can the power of attorney be written in the names of 3 brothers jointly?''

I will be thankful if I get a legal opinion.

Rajendran

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10 Replies

Prakash Yedhula (Lawyer) 10 June 2008

An agent can be an individual, a company or any association of individuals. The document which empowers the agent is known as 'Power of Attorney', which is executed by the principal in favour of the agent. When the power of attorney relates to a particular transaction and for a specific purpose, it is known as 'Specific Power of Attorney'. Whereas, when power of attorney relates to transactions in general, it is known as 'General Power of Attorney'. The power of attorney may or may not be registered.

Manish Singh (Advocate) 10 June 2008

yeah a power of attorney can be drafted in favour of three persons, but whenever any document requires sign, it shall be signed by all those three persons.

GOPI KRISHNA (ADVOCATE) 10 June 2008

yes it can be in the name of 3 brothers jointly

ESTHERPRIYA (Practising Advocate) 10 June 2008

Yes it is possible to draft a power of attorney with 3 principals
together appointing an agent to perform a work and thus drafting PoA in
the name of 3 brothers jointly can be made and at the time of execution
all the 3 must sign it and in case one declines to sign it will not
hold be a valid document.

(Guest)

Check the Stamp ACt for the proper duty to be paid. In Karnataka, only five persons can jointly sign POA on 100 Rs. Stamp. If six want to sign then its hould on 200 Rs stamp.

satish kumar dhaiya (manager( Law)) 11 June 2008

all views are correct except the fact that special power of attorney is one which is executed for registration of documents and all others are general power of attorney.

R.Rajendran (ENGINEER) 11 June 2008

Dear Yedhulaprakashji,

I request for your reply for the following queries:1. Should all the heirs sign in the document of Power of Attorney?

2.Is it necessary to register the document of power of attorney for selling the house?

3.Should all the heirs come once again to the Registrar's Office to sign the Sale-deed document while selling the house?

R.Rajendran

Manish Singh (Advocate) 12 June 2008

there is no such difference betwn SPA and GPA AS PROVIDED BY MR. DHAIYA.

spa is made for some specific purposes only.

Mohammad Ali (Travel Consultant) 14 June 2008

Hi, my self and two of my friends have brought a property in Tamil nadu, can we take power of attorney from the owner jointly???? please advice list of documents i need to ask the seller.

Thanks.

Asgher Mahdi (Advocate & Legal Advisor) 16 June 2008

Rather taking POA jointly in 3 person, it is better to execute on One person by entering MOU prior to Execution of GPA.Law will not restrained the no.of person to execute GPA.For the convinet of performing the assigned act, compentency to perform is important.Stamp Act have the provision to the execute GPA in 3 person,But attract more Stmp duty.