Abdul Rahim 24 October 2024

Giving joint power of attorney to one person

Respected Seniors,

The fact of the case:
Multiple Owners of a single property have entered into a Registered Joint Development of the concerned Property with a Partnership Firm M/s PQR which had 2 equal partners, Mr. A & B.

The same Owners of the Property have given a Registered Power of Attorney to Mr. A & B jointly, here being Partners of the Same Development Firm, to represent the Owners in various Departments.

Further Mr. B wants willingly to retire from the Firm, M/S PQR and a New Partner Mr. X, needs to be admitted in the Firm to continue the Development Project.

How can the Power of Attorney be modified so that the terms written is applicable to Mr. A (continuing partner) & Mr. X (New Partner) jointly?

What legal options do the existing Partner (Mr. A) has since the Owners does not want to cancel the Old Agreement and Make a New Fresh Agreement with modified Partnership Firm?

Summary:

Owners

Joint Development Agreement Holder - M/s PQR (Partnership Firm)

Partners in M/s PQR - Mr. A & Mr. B

Power of Attorney given to Mr. A & Mr . B

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Quick Summary

This discussion addresses a situation where a joint Power of Attorney (POA) was granted to two partners of a development firm. When one partner retires and a new one joins, the owners need to modify the POA. The key question is whether the existing joint POA can be amended to include the new partner, or if a new agreement is required. The advice suggests that if the POA was executed jointly, the original partners' consent might still be needed for modifications, even if one partner retires.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 25 October 2024

general power of attorney (POA) executed in favor of multiple agents can remain valid even if one of the agents is replaced by a new agent, depending on how the POA was executed:

Joint execution

If the POA was executed jointly, one principal cannot revoke the agent without the consent of the other principals.

Several execution

If the POA was executed severally, one principal can revoke the agent without the consent of the other principals.

1 Like

Abdul Rahim 28 October 2024

Originally posted by : T. Kalaiselvan, Advocate
	general power of attorney (POA) executed in favor of multiple agents can remain valid even if one of the agents is replaced by a new agent, depending on how the POA was executed: Joint execution If the POA was executed jointly, one principal cannot revoke the agent without the consent of the other principals. Several execution If the POA was executed severally, one principal can revoke the agent without the consent of the other principals.

The PoA was executed jointly in one deed mentioning The Owners, Developers & the Owners giving Joint POA to Mr. A & Mr. B ( partners of the Developers Firm)..

Can Mr. B retire and give POA to Mr. A or Owners consent is too needed?