Power of attorney unregistered
Rohan
(Querist) 16 September 2017
This query is : Resolved
DEAR SIR/MADAM
OLD SOCIETY HAS CREATED A NUTORIZED POWER OF ATTORNEY WITH DEVELOPER IN THE YEAR 1993 AND THE POWER OF ATTORNEY IS CREATED BY THE SOCIETY IS ONLY ONE SIDELY SIGN BY THE SOCIETY. DOES THE POWER OF ATTORNEY IS CREATED BY THE SOCIETY IS VALID IN LAW?
After 5 year the new society came in to existence, the old society is terminated, new society has given in a news paper about the termination of power of attorney and it is served upon developer but then also he is continuing the power of developing does the is valid in law?
Regard
Rohan Koli
Rajendra K Goyal
(Expert) 16 September 2017
Without referring the related document nothing can be advised. Discuss with local lawyer.
kavksatyanarayana
(Expert) 16 September 2017
I agree with the advise of the expert Mr.R.K.Goyal.
Kumar Doab
(Expert) 16 September 2017
Agreeing with Mr. Rajendar K Goyal.
The society must have retained a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/society/civil matters and well versed with local rules and laws..............
Handover the matter to your counsel.
He/she shall take care...
Kumar Doab
(Expert) 16 September 2017
LCI Experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore Mehta, Mr. Madhu have been posting on such matters and might be at your location.
If you wish you can benefit from their counsel.
Dr J C Vashista
(Expert) 17 September 2017
When the Society was non-existent, who and how the POA could be executed/granted to the builder. If so, it is invalid ab-initio.
There was no requirement of withdrawal of so-called POA, even then same (power) has been withdrawn action of builder on the strength of attorney is illegal and invalid.
Consult and proceed as advised by a local prudent lawyer.
