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tony (owner)     14 December 2014

Power of attorney(joint), solution please

My father given joint general power of attorney( my father (principal )land and my other paternal uncle(principal) land are adjacent to one another , so we given joint power of attorney)  to sell, mortgage, will transfer to  another  paternal uncle(my father’s  elder brother(Agent))  in year 2000.Now my father lost trust in my paternal uncle(Agent) . My father wants to gift deed the property to my mother while the paternal uncle (agent) power still in active and so far the agent does not use the agent power but he using the property for his own use.  If my dad gift deeds the property to my mother, Will it create any dispute in future? He can’t cancel the power of attorney since it requires my other paternal uncle to ((principal) since joint power of attorney) sign it and he is not coming forward to cancel it.  Thank you in advance.



Learning

 2 Replies

ROHIT SHARMA (Legal Advisor )     14 December 2014

1. The concerned one co-signatory of the P.O.A. in context  can issue a legal notice to another and score of the understanding  as being not warranted as of for the reasons that such co-signatory desires to rescind the agreement to jointly sell their property and that whether the other co-signatory does consent to it or not the holder of P.O.A/. is divested off his powers and may use the P.O.A. in case of the other co-signatory property alone. A copy of such legal notice can then be sent to the holder of the P.O.A. and informing the divesting him to use his owner in the matter of such co-signator's property.  Also have a public notice released  in the news paper informing the public at large the of the fact of the divesting such P.O.A. holder   of his power and not to deal with such agent in so far as the matter of such co-signatory's property. 

tony (owner)     14 December 2014

Thank you  so much sir, So my father need to issue a legal notice to my other Paternal uncle (Principal) that he is no more interested to deal it jointly and send a copy of it to the agent and publish it in news paper. Is it possible to gift deed the property  to my mother after doing so?. Sir in the Power of attorney document i am also forced to sign in it(I was 16 years by that time, if a minor signed in it, does the document totally becomes void or his position only becomes void, apart from me(4 members signed in it), my dad, my paternal uncle and his 2 sons signed in that joint power of attorney document). If the document totally becomes void, whats the procedure for this to inform it to sub register.


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