Durable power of attorney in india
Umar
(Querist) 24 March 2019
This query is : Resolved
Dear All,
I am Junior conveyancing practitioner and one of my client ask regarding Durable power of attorney. So any legal provisions specifically regarding Durable POA. and at the time of selling immovable property by the agent, what law says about the consideration amount, (Agent can directly collect the consideration amount in his own account). (If Yes, then what is the purpose of Schedule of Hindu Laws i.e blood relationship or at this time law ignore the schedule)
Dr J C Vashista
(Expert) 24 March 2019
Clarify the connotation of "durable power of attorney" used by you.
However, probably you are referring to "General Power of Attorney"?
kavksatyanarayana
(Expert) 24 March 2019
Yes. Dear queriest do you mean referring to "Irrevocable General Power of Attorney? The Principal (who is giving power) while appointing his attorney (agent) to do things on his behalf and if any financial acts do, that amount shall be credited to the principal's account that is to say the Agent is liable to show the income and expenditure statement to the principal.
Umar
(Querist) 24 March 2019
Dear Vashista and kavksatyanarayana Sir,
Thanks for reply
But my question is regarding, is there any provision in Indian Law that the power of attorney holder can handle the matters if the executant
Coma;
Alzheimer’s Disease;
Dementia;
Stroke; or
Any Mental Disability
kavksatyanarayana
(Expert) 25 March 2019
The Power of Attorney once executed, it is in force till its cancellation by the Principal or if the Principal dies.