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Vishal Sopariwala (others)     22 April 2011

Legal Term

Whatis the meaning of power of atorny according to the legal documentation process and why is this power of atorny required and what are the merits and demerits of this document (power of atorny)......



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 3 Replies

R.Ramachandran (Advocate)     22 April 2011

Power of Attorney means, you appoint a person and give him necessary powers (i.e. whatever powers that you have - either fully or to limited extent) to do certain things for and on your behalf.

Generally power of Attorney is appointed, whenever the principal (the one who appoints the power of attorney) is very busy, or is frequently travelling, or finds it difficult to attend to several jobs, or do not wish to go personally to the places to get his job done etc.  Thus, by appointing a power of Attorney and giving him necessary powers, he can get his job done.  Whatever the power attorney does will be deemed to be done by the Principal himself.  These are the advantages.

If the power of attorney does something, then the Principal cannot say that he is not aware or that he do not approve etc.  Whatever the Power of Attorney has done (as per the Power of Attorney document) will be binding on the Principal.  To that extent it may be disadvantageous to the principal. 

Vishal Sopariwala (others)     22 April 2011

Good Evening,


we have a commercial shop and this shop is named under the agreement of my grandmother as a 1st holder and 2nd as my Aunt,Can my grandmother give a power of attorny to my father without concern of my aunt ?

Thus how can this power of attorny be used by my father for future prospectus?also would like to know what would happen to the 2nd holder for this commercial shop if the power of attorny is given by the 1st holder to my father ?????

Later on in future can my father sell with the help of power of attorny and that too without informing my aunt who is a 2nd holder of this commercial shop ????

S. P. ASHOK (Advocate Bombay High Court 8450920005 advocatespashok@gmail.com)     23 April 2011

Power of attorney for full ownership of shop can not be given by your grandmother. Your grandmother can give power of attorney to your father only for the share which she has in her name, not for entire property.

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