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Amit Chatterjee (Officer)     10 April 2018

General power of attorney for property

Hello. I am the sole owner of a small residence and 'am recently in a litigation with a neighbour of mine concerning ownership of a small piece of land in between our residences. Being busy with my job for almost 12hrs/day, I have decided to give power of attorney to a retired senior relative of mine who gave me this idea and he himself has prepared a document by consulting a lawyer. Though I suggested preparing a special power of attorney he has prepared a general power of attorney. Now, in the document there are several points which I feel are doubtful. They are:

"To appear and represent me before all concerned authority or authorities of the Government, semi-Government department, statutory and Municipal bodies, Magistrates and in all Courts having Civil, Criminal, original, Appellate, provisional or special Jurisdiction including the jurisdiction of the High Court and also before any Tribunal Consumer Forum and Revenue Officer relating to arising out for the working purpose of the said property and to sign all papers and documents including signing of paints written statements, petitions, vakalatnama, applications and to swear affidavit therefore on my behalf as my attorney and for such purpose appoint, retain, and or discharge advocates, pleader, lawyers or solicitors.

To apply for and obtain, if necessary for Income Tax Authority necessary certificates under section 269 UC or any other certificate(s) and or clearances of the Income Tax Act, 1961 for the purpose of registration of conveyances and or other documents of transfer in respect of said property.

To sue file, compromise, claim, review, appeal to defend or withdraw suit(s) and to sign, verify and file application(s) in the court(s) of Execution of any decree or order of any court in respect said property and to sign all necessary paper(s), swear affidavit(s) for the purpose.

To sign, verify all plaint(s) written statement(s), petition(s), application(s), or other papers and to file the same in any court of law or judicial authority as may be necessary and deem fit and proper in the opinion of my said attorney.

And generally to do, execute ad perform all acts, deeds, matters and things whatsoever in relation to said property and/or other matters which in the opinion of said Attorney ought to be done, executed and performed in relation to the said property and others affairs ancillary or incidental thereto as fully and effectually as I myself could do the same except to sign the sale deed before the registration authority.

Whereas, provided will have no right to change the character of the said property.

And, I do hereby agree and undertake to ratify and confirm all and whatsoever actor acts and my said attorney shall lawfully do execute, and perform or cause to be done, executed or performed in connection with the development or disposal of ours aid property under and by virtue of these present witnesses...  "

Given the above points, how can this power be misused without my knowledge? I believe the property perhaps cannot be sold, but, can its ownership be changed? or given on lease to someone? Or, can someone be invited as tenant?

I am very worried and need your kind advice on this. Thanks in advance.



Learning

 5 Replies

Amit Chatterjee (Officer)     10 April 2018

@Ramesh Singh

Thanks for your response. The reason behind this SPA/GPA is to represent me before the lawyer and to initiate a new litigation against this neighbour. For this, the lawyer/court is to be visited at a far off place which is often troublesome for me, given my hectic daily schedule. I want to know how harmful the above points in the GPA can turn up against me, if misused.

Amit Chatterjee (Officer)     10 April 2018

I wanted to know this

"Given the above points, how can this power be misused without my knowledge? I believe the property perhaps cannot be sold, but, can its ownership be changed? or given on lease to someone? Or, can someone be invited as tenant?"

Misuse means not just the litigation, I meant any harm - say transferring ownership of whole/part of the property to someone's name, offerring tenancy to someone, etc.


 

Kumar Doab (FIN)     10 April 2018

IT is plaint and not paint..

If you do not want to empower to give on tenancy, lease etc and also to alienate the title by any valid/registered deed…. Narrate…

IT  shall be certainly be better to take help of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law pertaining to your cases/civil matters  and well versed with your case and having successful track record ….. and worth his/her salt …for a considered opinion and to draft the PoA/SPoA….

Amit Chatterjee (Officer)     10 April 2018

@Kumar Doab

Thanks for your response. So, what I understand is, the given statements easily enable the attorney to change ownership without my consent, or lease or offer tenancy to the property. Is my idea correct?

Amit Chatterjee (Officer)     11 April 2018

@Ramesh Singh

Thanks for your response. I didn't quite get this - "So in my view, it's restrict to lease or rent..." . Means, can he lease or rent the property? Also, can its ownership be changed (say, for instance, the attorney makes himself a joint owner of the property)?

 


 

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