MRamm 21 June 2017

Some questions on poa and sale of property.

Dear Esteemed Lawyersclubindia members,

There are three parts to my query, Before that some background -

After my fathers passing, I inherited a share of our ancesteral home in Tamil Nadu (Sivagangai district).

The house is split to 3 shares. I had given a POA to one of the share holders as caretaker.

Recently however ive decided to sell my share of the property (after valuation).

Questions,

1) How can I cancel the POA the soonest?

2) Can the person with the POA sell my share without my consent?

3) Am seeking lawyers whom can handle the above as well as handle/advice the sales process.

Thanks

Arjun Kohli 21 June 2017

As a Principal (the creator of Power of Attorney), it is your right to cancel the same at your will and you can proceed with the same at anytime.
As is indicated from your descripttion, you have issued a specific POA in favor of your agent as a Caretaker. Therefore, if not mentioned in the POA, your agent can't sell the property. However, if the same is a General Power of Attorney, I believe your agent can sell the property concerned, if that GPOA is duly registered under law.
I hope that respectable members of our esteemed community reach out to you in response to this issue.

Regards

Arjun Kohli 21 June 2017

As a Principal (the creator of Power of Attorney), it is your right to cancel the same at your will and you can proceed with the same at anytime.
As is indicated from your descripttion, you have issued a specific POA in favor of your agent as a Caretaker. Therefore, if not mentioned in the POA, your agent can't sell the property. However, if the same is a General Power of Attorney, I believe your agent can sell the property concerned, if that GPOA is duly registered under law.
I hope that respectable members of our esteemed community reach out to you in response to this issue.

Regards