chandu (professional) 13 March 2008

Power of Attorney

We are 4 frends bought a site. Since we are different places, we registered it on one of us 'A's name. Now if rest of us take power of attorney from A, is it suffiecient or can it cause any legal problems in future till he is alive??? Can he cancel the power of attorney without notifying any of us??? Does our presence at regitrar office is must for power of attorney to get registered???

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R. Brizmohan Singh (Practising Lawyer) 13 March 2008

Hi Chandu,

Power of Attorney is of two kinds viz Not coupled with interest and the other Coupled with interest. The later is dealt with by Sec. 202 of The Indian Contract Act. Agency coupled with interest cannot be revoked but the other can be revoked but not unless prior notice is given to the Agent. Registering a Power of Attorney is a good idea if power to dispose off the subject property is also incorporated for which it is sine qua non that possession also must be handed over. In the State of Andhra Pradesh, if possession is handed over by virtue of a Power of Attorney, it calls for payment of 5% of Stamp Duty at the time of registration. I do not know about the other States. Kindly verify. Also, note that giving of Power of Attorney will put your friend's interest in jeopardy to the extent of his share to which he may not be so willing.