Siddharth (Director) 28 June 2013

Power of attorney: validity

If the ownership of a property lies with multiple owners, also, if the share of the property is undivided, there is no consideration mentioned in the document, also the donee does not have any blood relation with the owners of the property.

There are 3 owners who have died out of the total 40 owners who have signed the Power of attorney document.

There is no mention of the daughters of the family even though, the property is ancestoral.

Will this power of attorney hold absolute validity or, can it be callanged over any(or all) of the above mentioned points?

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4 Replies

Advocate Rohit (Advocate) 28 June 2013

on the expiry of the person's the POA shall automatically stands cancelled. further, if it is an ancestral property, therefore girls also have equal right in it. they can challenge the POA as the same is made to prejudice their rights in the property.

Regards,

Advocate Rohit Dalmia

9324538481

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Siddharth (Director) 28 June 2013

Thank you very much for your response.

In that case, apart from the inclusion, can it also be challenged on the part that falling under the contract act, there is no mention of any consideration?

Mukund (Manager) 28 June 2013

As per a will if a successor has been given a share of a property and at the same time a power of attorney has been given to his/her another successor.

Which of these two legal documents is valid? If the successor with a Power of Attorney will sell the property what will the other successor who has inherited the same property could do?

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Siddharth (Director) 29 June 2013

Thank you very much for your response.

But this property is currently owned by succession and not by any statement or will.