Can two poa valid simultaneously
Amit Joshi
(Querist) 05 December 2023
This query is : Resolved
My aunty has executed General Power of Attorney (PoA) in my favour in respect of a immovable property 5 years ago. That General PoA was mainly for court cases and for getting legal heir certificate.
Now, my aunty wants to Gift that Property to my mother. And for that we are planning to execute Special/General Power of Attorney (New PoA) in my favour again to specifically mention that gift deed. Such specific mention is to avoid future conflict.
My Query is....
(1) Whether I am able to continue both the PoA running Valid simultaneously ?
(2) Whether by doing New PoA, Old PoA cancelled automatically ? I don't want that Old PoA to be Cancelled.
"The person who is doing or executing PoA" and "PoA holder" are same in both PoA.
kavksatyanarayana
(Expert) 05 December 2023
The POA executed 5 years ago in your favour, is not for sale or transfer of property. If the POA is given for the transfer (sale, gift, exchange, mortgage etc.) of property, then a separate POA is not necessary. Otherwise, an amendment to the already executed POA is sufficient.
T. Kalaiselvan, Advocate
(Expert) 06 December 2023
1. The first power deed was for some other purpose and the second one is for a different purpose hence it can run in parallel to each other.
2. No, it will not be automatically revoked.
Both the POAs can continue because both are for two different purposes.
P. Venu
(Expert) 07 December 2023
Yes, you can. Admittedly, the PoAs are different but specific purposes.
