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Awni Ranjan (Online Corporate Trainer )     07 March 2012

General power of attorney

"A" purchased a property from State Housing Board in 1995 the registration of which was done through General Power of Attorney (GPA) of "A", thereafter, the registered tiltle deed were delivered to "A" by the GPA along with the POA document. Thus the role of GPA was over and completed.

In 2012 "A" goes to a Bank to take loan against the property defined under the above mentioned registered title deed. The bank insists on the POA document executed by "A", which unfortunately is lost. The bank is fully satisfied with the identity of "A" and also that the propertry belongs to "A" only .

  1. Please advise legal remedy to missing POA document as Bank is insisting for the same.  
  2. Whether "A" can create a mortgage in the absence of POA document
  3. Whether another GPA can be made as on date to covewr all the acts under the misplaced GPA
  4. Any other suggestion


 3 Replies

Arvind Singh Chauhan (advocate)     07 March 2012

You didn't mentioned whether GPA was registered or not ?

1 Like

Arun (None)     08 March 2012

Banks are always ridiculous aren't they? If the principal walks in, I have no clue why they would ask for a GPOA document.

Theoritically, you can revoke the GPOA, register the same, distribute the copy of the revoked document to the bank, and also publish in a newspaper. This will totally cancel anything related to the original POA and shouldn't be in question. If the banks still give you a hard time, you can proceed legally and force the banks to stop being idiots.According to judgments that I have read, the principal can go through a ratification process to address any issues with the GPOA. The courts will totally be on your side if you want to go the legal way.

1 Like

Awni Ranjan (Online Corporate Trainer )     09 March 2012

The POA was duly notarized but not registered

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