Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rahul Bale (Business )     17 December 2016

Power of attorney

follwing are my questions about power of attorney about property  Poperty 

1. Can power of attorny holder execute / tranfer  power of attorny  to third person 

2. if power of Attorney  , holder or executor any one among then has died , power of attorney get dissolved / cancelled 



Learning

 3 Replies

B.T. RAVI (LEGAL MANAGER)     17 December 2016

A. Generally, Power of Attorney holder cannot delegate his power to third party under the same Power of Attorney unless the sub delegation power granted by the original executor and it has to be mentioned in the GPA. Moreover, the registration of power of attorney is mandatory towards the property transfer and also with respect to the same.

B. Power of Attorney will be suspended or revoked once the Power of Attorney executor died subject to non creation of interst. Example: A is the owner of X property and executed a GPA in favour B to deal with X property, if B had entered into any Sale Agreement by receiving consideration or token advance towards X property by representing A that amounts to interest has been  created and it shall be effective even though A died later. In this case, GPA will be effective.

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kavksatyanarayana (subregistrar/supdt.(retired))     17 December 2016

A. Power of attorney holder cannot delegate his powers to the third party though it is mentioned in the deed under Registration Act.

B. Once the executor of a POA died, then that POA will automatically cancelled and no value with the power. If in the mean time, the POA agent executes any document document on behalf of the  executor, i.e. before the death of the POA executor that document will be effective.

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Rahul Bale (Business )     18 December 2016

thax for given me guidance 

 

in case GPA with Considartion &   executor has expired  ,still GPA  in considration or get dissolved 


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