Power of attorney
PRADIP PATWARDHAN
(Querist) 24 October 2016
This query is : Resolved
Dear Experts ,
My query is if one person Mr. Abhishek Manjarekar has taken Power of attorney from his Aunti. (Sister of his Father) The name of her aunti before marriage Ms. Anjali Rajesh Manjarekar and after marriage name is Deepa Suresh Surve. Now the problem is on land record the name of aunti is Anjali Suresh Surve instead of Anjali Manjarekar or Deepa Surve. So in power of Attorney document Mr. Abhishek mentioned her aunti name as mentioned on land record i.e. Anjali Surve. i.e. her first name before marriage and Surname after marriage.
So whether this can be treated invalid in court if any one challenge and if so then what would be the soulution??
Kindly advice ..
Rajendra K Goyal
(Expert) 24 October 2016
She should have proceeded to change her name after marriage, through sworn affidavit, news paper ad, gazette notification.
Auntie can give sworn affidavit in this regard.
Devajyoti Barman
(Expert) 24 October 2016
This is very much valid if you have documentary proof to show that person of both names are same individual.
Kumar Doab
(Expert) 25 October 2016
Agreed with experts.
Kuummaar AS
(Expert) 25 October 2016
PRADIP PATWARDHAN,
Your have raised query,
QUOTE
My query is if one person Mr. Abhishek Manjarekar has taken Power of attorney from his Aunti. (Sister of his Father) The name of her aunti before marriage Ms. Anjali Rajesh Manjarekar and after marriage name is Deepa Suresh Surve. Now the problem is on land record the name of aunti is Anjali Suresh Surve instead of Anjali Manjarekar or Deepa Surve. So in power of Attorney document Mr. Abhishek mentioned her aunti name as mentioned on land record i.e. Anjali Surve. i.e. her first name before marriage and Surname after marriage.
So whether this can be treated invalid in court if any one challenge and if so then what would be the soulution??
QUOTE
SOLUTION IS THAT FRESH POWER OF ATTORNEY MAY BE TAKEN WITH THE PRESENT NAME MENTIONING THEREIN EARLIER NAME(S) AS AKA, WHICH IS EXPLAINED BELOW"
A.K.A., AKA, aka or a/k/a may refer to: "Also known as", used to introduce pseudonyms, aliases, nicknames, working names, legalized names, pen names, maiden names, titles, etc. (Compare f.k.a. for "formerly known as".)
Shashikant V. Patil
(Expert) 25 October 2016
The said POA is valid in the court, in addition to require to produce affidavit to show that the person bearing two names is one and same person.
Kuummaar AS
(Expert) 25 October 2016
PRADIP PATWARDHAN,
About names you have said,
1.before marriage Ms. Anjali Rajesh Manjarekar
2.after marriage name is Deepa Suresh Surve.
3. on land record the name of aunti is Anjali Suresh Surve instead of Anjali Manjarekar or Deepa Surve.
4. in power of Attorney document Mr. Abhishek mentioned her aunti name as mentioned on land record i.e. Anjali Surve
SO MUCH CONFUSION FOR THE PURPOSE OF ISSUING AFFODAVIT ALSO.
YOUR AUNT IS REQUIRED TO TAKE ACTION iIN ANY CASE WHETHER W.R.T. AFFIDAVIT OR FRESH POWER OF ATTORNEY.
WHICH IS BETTER OPTION?
H.M.Patnaik
(Expert) 25 October 2016
Yes , if there is a scope for registering a fresh Power of Attorney , it is always advisable.Otherwise, suitable affidavit as advised may have to be sworn in for implementing the POA.
Rajendra K Goyal
(Expert) 25 October 2016
Author has not replied, how he is related with the query?
Kumar Doab
(Expert) 25 October 2016
Author can benefit from the advise of Experts.
PRADIP PATWARDHAN
(Querist) 26 October 2016
Thank you all for your valuable reply.
Actually it is related with my freind who had taken POA as earlier mentioned in query . I think it would be suitable as per your opinion i to take affidavit from aunty to show that the person bearing two names is one and same person. There is no scope for fresh POA as my freind already submitted copy of POA alongwith other case documents in the court as he has filed writ petition for civil matter.
Thank You all once again !!
Kumar Doab
(Expert) 26 October 2016
You are welcome.
Rajendra K Goyal
(Expert) 26 October 2016
Discuss with local lawyer and proceed.
