Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Samir N (General Queries) (Business)     05 December 2020

Power of attorney issued from a voidable contract

If a power of attorney is issued pursuant to a contract that is voidable, can the aggrieved party seek protection to render the contract and Power of Attorney itself void?  The contract was between two married parties but the marriage was not legal. Wife who knew that the marriage was fraud as husband was married earlier gave irrevocable power of attorney to husband and now claims that since the marriage was false, the contract and Power of Attorney are not valid. Can wife move Court to render the contract void and therefore the Power of Attorney revoked or void?



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 2 Replies

Dr J C Vashista (Advocate)     06 December 2020

 

Originally posted by : Samir N (2HelpU)

If a power of attorney is issued pursuant to a contract that is voidable, can the aggrieved party seek protection to render the contract and Power of Attorney itself void?  The contract was between two married parties but the marriage was not legal. Wife who knew that the marriage was fraud as husband was married earlier gave irrevocable power of attorney to husband and now claims that since the marriage was false, the contract and Power of Attorney are not valid. Can wife move Court to render the contract void and therefore the Power of Attorney revoked or void?

Many ifs and buts have been inserted in the question paper,

It is advisable to contact, consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding, if you have locus standi to the subject matter.

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