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Kaushik   30 January 2016

Eviction of tenant through power of attorney

Dear Experts,

Both my mother & I wish to let out a vacant property  in Pune (Maharashtra) which is co-owned by us  on rent to a tenant on the basis of a duly stamped & registered Lease & License agreement for 11 months but , God forbid, if either of us are incapacitated either by failing health or, even worse, unfortunately predecease the other, then would executing mutual Power of Attorneys in favour of each other for the property concerned as a precautionary measure against such an eventuality, especially with regard to evicting the tenant if required, before executing the duly stamped & registered leave & license agreement, prove to be beneficial to the survivor in obtaining an eviction order against the tenant from the court if the tenant refuses to vacate the flat on the termination of the agreement after the expiry of the stipulated 11 months? Furthermore, how difficult would obtaining the required eviction order from court against the recalcitrant tenant be for the survivor on the basis of such a Power Of Attorney & duly stamped & registered Leave & License agreement?

Thanks,

Kaushik.



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 1 Replies

Advocate Rohit (Advocate)     30 January 2016

power of attorney is valid till the attorney and its holder remain alive. incase of death of either, the power of attorney automatically expires and becomes null and void.

wit regards to the property ownership the survivor can act as an owner and can purse the case in the court against the licensee, if required.

 

Regards

Adv. Rohit M. Dalmia

9324538481

 


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