power of attorney
anju
(Querist) 04 October 2014
This query is : Resolved
My shop building was purchased by 4 persons in 1969. There are 18 shops in building. Out of which 2 person died 10"years back. Now in june 2014 remaining 2 person & legal heir of 3rd person (a & b) distributed their share thru power of attorney - 6 shop in each favour.On the basrs of this power of attprney the legal heir of 3rd person(a & b) further distributed the share among themself - 3 shop in each favour .One of them (a) filed a bonafide case for the evication of shop. My question is whether only on the bases of power of attorney have they aquire a right to file a suit ag anyone.
ajay sethi
(Expert) 05 October 2014
is power of attorney duly stamped and registered? is the partition duly stamped and registered? the documents cited by you have to be perused to advice
Rajendra K Goyal
(Expert) 05 October 2014
The documents have to be referred in detail.
Consult local lawyer.
anju
(Querist) 05 October 2014
Yes it is stamped & registered
Sailesh Kumar Shah
(Expert) 05 October 2014
After death of either party of power of attorney, it stands automatically revoked and have no validity.
In your query, it is not clear power of attorney given by whom ?
Dr J C Vashista
(Expert) 06 October 2014
Show all documents, including POA to a local lawyer and get his/her opinion/ advise and guidence.
I partially agree with expert Sh. Shailesh Kr. Shah the POA stands revoked but can be irrevocable if there is some consideration.
Wihtout perusal of the documents nothing can be advised properly.
anju
(Querist) 06 October 2014
Building having 18 Shops was purchased on 1969 by four persons P,Q R & S. R & S died 10 years back, On June 2014 P Q & heirs of R (a & b )distributed the share of property b/w themselves 6 shops in each favour thru power of attorney(POA (1)).S don't have any legal heir. On the bases of this POA(1) a & b further distributed their share of property b/w themselves on July 2014 thru power of attorney (POA(2)) 3 shops b/w a & b.The POA are stamped . Now my question is that by mere on the bases of POA(2) (a) can sue us for eviction of shop that we are having for last 30 years under pargi system & on the base of POA can i transfer the property to someone else as a 7 B do it w/o converting POA into conveyance/sale deed. I think all your query are clear now.Pls advice
anju
(Querist) 06 October 2014
Sorry instead of power of attorney its partition deed registered
T. Kalaiselvan, Advocate
(Expert) 09 October 2014
While you seek clarification, please ensure you give proper details so that you do not get misguided or improper opinions/suggestions. The owner of the property can very well issue notice for eviction because it is his his lace and there is no valid agreement by which he is restricted to issue such notice.
