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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Quick Summary

Following the death of your father, who held a Power of Attorney (PoA) for his sworn sister, the original PoA has lapsed by law. However, your father's sworn sister can indeed grant a new PoA in your favour, appointing you to represent her interests in court. This is permissible regardless of blood relation or the presence of her son, provided you meet the legal age requirement (18+) and are competent to contract.

2 Replies

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!