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Ramesh (-)     01 February 2010

Power of Attorney

Dear All, I have few questions regarding POA.

If I execute a General POA in favour of a person, without any monetary consideration, for a specific property, do I have a right (as a PRINCIPAL) to sell the property to someone without informing the agent or revoking the POA?

Follow-up question: If the Power agent gets into a sale agreement without my knowledge, in the meantime, if I execute and register a sale deed to another person for the same property(with the powers of being a PRINCIPAL), who is the legal owner of the property.

I would appreciate your quick clarifications. Thanks to the forum.



Learning

 5 Replies

Jithendra.H.J (Lawyer)     01 February 2010

it depends on loat of things, is the POA registered? conditions there in, etc.,

without informing the agent a POA cannot be revoked.

 

 

Daksh (Student)     01 February 2010

Dear Mr.Ramesh,

It is your sweet will to cancel or keep in abeyance the effect of POA and no body can challenge the same.  Before dealing with the party directly for practical purposes it is advisable that first you cancel the POA and move accordingly.

Thanks and best regards

Daksh

V. VASUDEVAN (LEGAL COUNSEL)     01 February 2010

 By issuing a Power of Attorney in favour of a person (even without consideration), you are authorizing him to deal in the transaction covered by the POA in the usual course. Hence the process of information or communication between you and the POA holder is a mutual

agreement between you and the holder. A person dealing with him bona fide based on the POA should be protected and indemnified. Hence it is expedient that before you personally dealing with the transaction, should revoke the POA and also preferably issue a public notice.

vasuevan

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 February 2010

I fully go with Daksh.

Jithendra.H.J (Lawyer)     01 February 2010

 if it is made for consideration you  can not cancel with out giving notice and without executing revocation deed. 


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