Querist :
Anonymous
(Querist) 09 January 2011
This query is : Resolved
Property owner ‘X’ gives POA to ‘Y’ authorizing him to sell his property, after few alterations. By the agreement “Y’ invested for the alterations, spend for court cases for clearing litigation on the property and other incidental expenses. But no money paid to ‘X’ directly by ‘Y’.
Whether the money spent on the property by ‘Y” will be treated as consideration? Whether the POA is irrevocable? How to make this POA as irrevocable?
Kirti Kar Tripathi
(Expert) 09 January 2011
The power of Attorney is always revocable and can be revoked at any time by the person, who has given Power of attorney. I can not be made irrevocable as one can not become owner of property, which does not belongs to him. Nor the amount invested by any power of attorney holder can become consideration of said property unless the owner accept it as consideration. In case, the investment incurred by power of attorney holder is legal and within the ambit of terms and conditions of Power of Attorney, he can recover the same in accordance with law i.e. by filing of suit of recovery of amount from owner.
Arun Kumar Bhagat
(Expert) 09 January 2011
Expenses incurred would be treated as consideration or not depends upon the language used in The POA.
sachin sethi
(Expert) 09 January 2011
agree with experts...
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup