Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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chanchal sharma   01 July 2022

Power of attorney

My father was a power attorney on behalf of his sworn sister (no blood relation) and was defending a suit for possession of the property since 1999 now the appeal is in the Hon'ble Delhi High Court. Last year in 2022, I lost my father to Covid.

I want to know whether my father's sworn sister can execute the Power of Attorney in my name? As it is clear that I am not related to her by blood will that be an issue?

If the answer is yes and she can execute the PoA in my favour, even if she has her son present but she is not willing to give him the authority?

could also provide me with the legal reasoning behind your answer?

Thank you

 



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 3 Replies

KUNAL   01 July 2022

Under Contract Act, a contract of agency ends upon death of Executant or Agent. In your case, as your dad expired from Covid, PoA made in his favor automatically lapses by operation of law.

Now coming to your question. A judicial PoA (to represent in court etc) can be signed in favor of anyone (irrespective of interest). So, if your dad's sworn sister wants to appoint you as her attorney all she has to do is make a new PoA appointing you to represent your dad's interests in court. You just have to be over 18 (ie majority age) It is immaterial if she has son or not; what is material is that the PoA must be fully competent to contract (e.g. soundness of mind, 18+ etc).

SHIRISH PAWAR, 7738990900 (Advocate)     01 July 2022

Hello,

I want to know whether my father's sworn sister can execute the Power of Attorney in my name? As it is clear that I am not related to her by blood will that be an issue?

Your father's sworn sister can execute power of attorney in your favour.

If the answer is yes and she can execute the PoA in my favour, even if she has her son present but she is not willing to give him the authority?

Yes, she can give power of attorney to you even if she has her son.


 

Mahi Manchanda   02 July 2022

Hi,

Any person can be appointed Power of Attorney, irresepctive of blood relation. If your father's sworn sister chooses you to be her power of attorney - she can do so by following necessary legal procedure. 

She can give you power of attorney even if she has a son.

Power of attorney should be given to someone the individual trusts, whether they are blood related or otherwise. As long as they are of contractual capacity - they can be given power of attorney. 

I hope this answers your question.

Have a good day!


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