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Audry Fernandes (nil)     22 May 2010

POA

Could someone tell me whether the following POA is valid

1. It is given by multiple persons and one has not signed

2. It is for immovable property and has not been registered

3. One person (who has signed) has taken some money from the attorney without the knowledge of the others

Is this POA valid?

Also please tell me if the attorney (to whom POA is given)can register the POA without the signing persons presence?

This related to Maharashtra



Learning

 8 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     22 May 2010

no if it is not registered it cannot be registered without the presence of poa signing presence.

it do not have any validity in eyes of law.

1 Like

N.K.Assumi (Advocate)     22 May 2010

Instruments relating to immovable property required registration before the District SUb Registrar and Notarization is different from registration.

1 Like

Rajesh.T.,9912266678 (ADVOCATE/CONSULTANT)     22 May 2010

POA IS A NOT COMPULSORY REGISTERED DOCUMENT ,EVENT IT IS NOT REGD IT IS A VALID DOCUMENT BUT NUMBER OF PERSONS CANNOT GRANT THEIR RIGHTS TO OTHER PERSON THROUGH A SINGLE POA.

1 Like

Niikhil C. Shirgaonkar (Self Employed)     22 May 2010

POA given by the multiple persons is valid but it required to be signed by all persons and it can not be registered without the concern persons attendance. Unregistered POA is valid but you can not give the rights regarding sale of the said property by virtue of the unregistered POA.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 May 2010

Signature of Principal is necessary

1 Like

Audry Fernandes (nil)     23 May 2010

Thank you all. It is now clear to me that this POA is not valid.

m.kupparaju (Advocate)     28 May 2010

If the POA is executed jointly by multiple persons, signatures of all the persons is essential and if one person does not sign, then it will becomes invalid.

In the absence of principal, the attorney cannot register the instrment by himself.

POA is issued especially in the case of immovable property, registration is compulsory.

If one person takes money from the attorney without the knowledge of other members of the POA, it is invalid.
 

1 Like

Audry Fernandes (nil)     31 May 2010

Thank you for answering pointwise


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