May poa holder can give shop to the tenant?

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
the owner of shop is NRI and he gives the POA to his neighbor to constitute the act on his behalf, but can leave and license agreement of shop can be made with POA holder instead of original holder is absence if yes or No in what condition pls clarify.

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Deepak Nair (Expert) 31 December 2011
If you have given him general powers which includes the power to give the premises on L&L, then he is authorised to give it on rent.
if the POA is a specific POA issued for any specific purpose and the power to give it on rent is not incorporated in it, then he can't.

Devajyoti Barman (Expert) 31 December 2011
What is the contents of POA. If the constituted attorney is authorised to give it on lease or license then he could do/
Otherwise if it is a POA for specific purpose of sale only then such license agreement is void in the eye of law.

Rajeev Kumar (Expert) 31 December 2011
Agree with experts

ajay sethi (Expert) 31 December 2011
it would depend upon the terms of power of attorney agreement

Sailesh Kumar Shah (Expert) 31 December 2011
He can do agreement, if poa provides.

prabhakar singh (Expert) 01 January 2012
If POA confers power to only leave and licence but does not confers power to lease or lent on rent then POA can not lease or let on rent because a lease or letting creates interest in immovable PROPERTY WHILE LEAVE AND LICENCE DOES NOT.

Raj Kumar Makkad (Expert) 01 January 2012
It can be done if the terms and conditions of GPA allow him to do so.

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