Ambadas-Unde (Service) 18 September 2010

irrevocable POA

This relates to a dispute wrt POA given by Trustees of a Public Trust to a Builder in addition to the Development Agreement without knowledge of the members. Though complaint is lodged with Jt.Charity Commissioner, Pune the matter is at enquiry stage since 4 years. I request the learned members to inform/advise on the following

1) Can a trustee or two trustees (One being President & other being Secretary) of Public Trust give irrevocable Power of Attorney for the Trust Property ?

2) If POA is signed by two princiapls can one principal apply for cancellation of POA ? What is the procedure to be followed for cancelling POA in such case ?

3) what happens to IRREVOCABLE POA if principal dies ?

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Ajeet (Manager Legal) 18 September 2010

delegatus non potest delegare [Latin] A person to whom something has been delegated cannot delegate further, i.e. one to whom powers and duties have been entrusted cannot entrust them to another. The rule applies particularly when the delegate possesses some special skill in the performance of the duties delegated, or when personal trust is involved. The rule does not apply if there is express or implied authority …

Nemo dat quod non habet, literally meaning "no one [can] give what he does not have"

Trust deed is to be perused whether power is given to trustees to give POA or not

after death of the donor of POA ,POA got revocked autometically.