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kaushik pandya (owner)     29 November 2024

Power of attorney holder

I am residing as a licensee since last 16 years,i have got continuous posession since last 16 years,my landlord is an NRI,the first leave and license agreement for 11 months  was signed by a power of attorney holder in the year 2008,then it was renewed in 2014 for 11 months signed by power of attorney holder,then my landlord expires (dies) in 2017,again my agreement is renewed in 2018 signed by same power of attorney holder, 

Now in October 2024 the power of attorney holder sends me an eviction notice signed by him on behalf of the landlord who has expired in 2017,

Notice says I have to vacate in 1 month,what can I do,how can he sin on behalf of ihe expired landlord,is it not a criminal offense,what are my rights please help



Learning

 11 Replies

Quadir   29 November 2024

Power of attorney (the docement) comes to end the moment the principal (the one who issued it) dies. No one can function as an agent of the principal who has already expired. 

Dr. J C Vashista (Advocate )     29 November 2024

The attorney expired with the grantor (executant) hence any action taken on behalf of owner (stated to have been died) is invalid and illegal.

kaushik pandya (owner)     29 November 2024

Dear Sir,

Thankyou for the prompt reply,since you say it is invalid and illegal,does it imply that the power of attorney holder has done a criminal act,

How do I reply to the eviction notice Sir?

 

T. Kalaiselvan, Advocate (Advocate)     29 November 2024

a power of attorney (POA) is not valid after the principal's death

A POA is automatically terminated upon the death of the principal, unless the POA states otherwise.

The agent no longer has the legal right to make decisions or conduct transactions on behalf of the principal.

The agent can no longer act on behalf of the principal, and any actions taken after the principal's death are unauthorized. 

You can deny the contents of the notice and inform the power agent about the relevant law and instruct him to follow due pocess of law through the LRs of the deceased owner

kaushik pandya (owner)     29 November 2024

Dear Sir.

Thankyou,

Can I file a criminal complaint for fraud against the power of attorney holder ? For signing the leave ND license agreement in 2018 and eviction notice in October 2024  after the death of the landlord ?

 

 

 

T. Kalaiselvan, Advocate (Advocate)     29 November 2024

Criminal complaint will not be maintainble because his demand has not been forced on you neither you accepted it, besides he may not be aware of the legal fact or you may perhaps may not be aware if the powerof attorney deed is clubbed with interests. The POA  can be valid if they are coupled with an interest or if there is an express contract making them irrevocable.

Hence you may concentrate on the subject before you for the relief you are looking for. 

Dr. J C Vashista (Advocate )     30 November 2024

Acting on the basis of invalid attorney is cheating and fraud, proceed accordingly. 

kaushik pandya (owner)     30 November 2024

Thankyou Sir

P. Venu (Advocate)     03 December 2024

Admittedly, you are the tenant and you cantinue to be so irrespective of the death of the original owner. The property, therafter, has devolved upon the legal heirs. Who are these legal heirs? 

Is the so-called power of attorney holder one among the legal heirs? Or is it that the legal heirs have given Power of Attorney to the same person!

What is the ground for seeking eviction? Why you are so bent upon initiating criminal action than constesting the eviction petition on merits.

On the whole the posting suggests many an unconvincing approach on your parts. Please come clean with the facts.

kaushik pandya (owner)     05 December 2024

Dear Sir,

Thankyou for the reply,

The legal heir is the wife of the expired landlord,

No,the old power of attorney holder is not the one ,it is a new person,

I am intending to send a notice for invalid power of attorney,As I Need Atleast  6 M months To Vacate

Thankyou

 

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

You may consult your own advocate or any other experienced lawyer in the local and proceed as advised on all such further issues. 


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