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Kapil Bhatnagar (MCA)     03 April 2019

Notarized poa with extra power

Hi,

This issue related to my flat. Currently there is no soceity and people are trying to form society. one person has taken initiative and started that work.

He has taken 60% people sign on POA, I am one of them. That POA has certain extra power, which was overlooked by me while signing. But that POA is only noterized.

one of the lawer suggested, noterized POA has no use. Could you please confirm, if that is correct?

if it is not correct, what would be correct approch to cancel that? Can I take action against that person, if he miss-use it against me?

 

Warm Regards,

Kapil



Learning

 6 Replies

Nikita Parekh   03 April 2019

Dear Kapil
kindly share your email address for communication

Kapil Bhatnagar (MCA)     03 April 2019

kapil.bhatnagar@yahoo.com

Dr J C Vashista (Advocate)     04 April 2019

What are the terms and conditions of subject PoA ?

Show the document to a local lawyer for proper guidance.

N.K.Assumi (Advocate)     04 April 2019

There is a difference between executions and authentication. To prove the genuineness of POA it is not mandatory that it should be authenticated by the designated authority like notary pblic etc; and once the POA is proved by other means like affidavit or declaration by one of the attestor will be sufficient  to  prove the execution of POA. Thus, authentication of your POA by Notary is sufficient to prove the genuineness of POA and statements of law that notarized POA is of no use is a misleading statements of Law.

G.L.N. Prasad (Retired employee.)     04 April 2019

The issue depends on facts and purpose of POA and risks if any involved to the persons that act upon such POA.  Always trust local advocate.

P. Venu (Advocate)     05 April 2019

What is the necessity of the PoA in forming the Society? 


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