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Leena VM (none)     25 December 2013

Poa and trustee

I am a trustee in a charitable organization. I will be  leaving India for few years. Is it possible for me to give a POA to my friend while I am away to look after the trust.

Thank you for your help.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

What about the other trust members, hope your other trust members will be capable to look after the business of the trust in your absence, what is your trust bye law state about this, please go through your trust's bye laws and take decision accordingly.

2 Like

Leena VM (none)     25 December 2013

Thank you Sir.

Trust by law does not allow a person who left India so I am trying to give POA to the person who is in India and continue when I come back.

Is it possible?

Thank you again.

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

Instead of POA, delegate your powers to your subordinate member of the Trust who will be able to handle the trust affairs in your absence and shall hand over the possession to you on your return from abroad, the POA with registration is in valid by law, so any action done by POA on your behalf may not be legally valid, consider the pros and cons and decide about the issue.

T. Kalaiselvan, Advocate (Advocate)     26 December 2013

Omission in my above reply, i.e., instead of without registration I have omitted to type without but typed with, the entire meaning is opposite , I regret, shall repeat my entire answer once again:

Instead of POA, you can delegate your powers to your subordinate member of the Trust who will be able to handle the trust affairs in your absence and shall hand over the possession to you on your return from abroad(provided if the Trust rule and bye law permits such an arrangement), the POA without registration is invalid by law, so any action done by POA on your behalf may not be legally valid if the POA deed has not been registered.  It will involve the registration charges and stamp duty for the registering the POA deed,  consider all pros and cons and decide about what and how  to proceed with the issue.


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