Legal Question in Consumer Law in India

power of attorney

two members have issued a power of attonrney to register a property five year ago and one of the member is dead what should i do get a new power of attorney or is it still valid


Asked on 10/18/06, 10:25 pm

4 Answers from Attorneys

Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: power of attorney

Power of attorney will die with the executor. you need to get a new one with the other member who is still living.

please let me know the purpose of power of attorney. let me also know whether you have any substantiating interest under power of attorney.

regards,

Panduranga Acharya

0-9886742609

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Answered on 10/20/06, 4:07 am
Shrichand Nahar S.V.Nahar, Advocate

Re: power of attorney

A power of attorney is a sort of agency and ends with death of grantor. Only exception is agency coupled with interest. From your question it is not clear whether it is coupled with interest or not.

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Answered on 10/19/06, 2:46 am
Jitendra Kumar Kumar Pandey & Co.

Re: power of attorney

If your interest is there in the power of attorney,then it is still valid.Otherwise,it is not.

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Answered on 10/19/06, 3:27 am

Re: power of attorney

Dear sir,

You question is vague.Nevertheless,power of attorney is a kind of agency through which one person authorise other to act on his behalf & in his capacity.In your case since one person has died then the power of attorney is enforceable in relation to other person who is alive if he has separate and independent interest in the property but if the picture differ than the PoA cease to exist after the death of one person.It is advisable to get fresh POA .

THANKS.

SIDDHARTH

9873343288

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Answered on 10/19/06, 8:08 am


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