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Anurag Sharma (Service)     19 April 2009

Special Power of Attorney

Does a special Power of Attorney, registered with sub-registrar office, where a person A has given power to B to sign on his behalf and receive money, create ownership rights in that property for B? Or after sale, B holds the money on behalf of A to the extent of his/her share? Please inform.


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 1 Replies

Manasi Save (Legal Practioner)     20 April 2009

In case of Special Power of Atttorney, the normal principle of law applied in  LAW OF AGENCY. Here B is just agent acting for Principal A. There can never be ownership right vested by means of Power of Attorney. B can hold the property on behalf of A, also can sign on any relevant document on behalf of A , or hold money on behalf of A provided A has authorised him to that effect . Such power of attorney carrying ownership clause changes the whole nature of the document . But still in your case if such thing has taken place then there are two options 1) to revoke the ownership clause of  such power of attorney 2) if it is registered,  still the documemt has a legal standing in the Court of law in case B creates any dispute.    


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