Power of attorney validity
gsasi_2k
(Querist) 18 January 2015
This query is : Resolved
Hi,
I am about to purchase a land, which was GPA registered (Power of attorney) in 1990, the POA agent then registered the land to his wife on 2014 (after 24 years), which is now came for sale. How long is the validity of the Power of attorney valid? Is it advise to buy this land? Is only life certificate enough to execute the document?
How do we find if principal has cancelled the power of attorney after 1990? Is it must to register the cancel the power of attorney?
Please advise. Thanks in advance.
Regards,
Rajesh
Sailesh Kumar Shah
(Expert) 18 January 2015
get written letter about principal that he is not revoked the poa.
Devajyoti Barman
(Expert) 19 January 2015
It remains till the object is fulfilled or the maker is alive or it is not revoked by him.
It is better to get the deed executed by the owner only, not the POA holder.
Rajendra K Goyal
(Expert) 19 January 2015
Power of attorney is valid if not revoked, principal is alive or any automatic revocation clause otherwise not contained in the document.
In such case may obtain an affidavit / letter from principal that the attorney has not been revoked and agree with the transaction.
ajay sethi
(Expert) 19 January 2015
agree with experts .
gsasi_2k
(Querist) 19 January 2015
While executing a sale deed, can we request the principal to sign along with agent to make it clear.
Dr J C Vashista
(Expert) 21 January 2015
The title (ownership) of subject property is still with the principal and not POA, hence s/he has the right to execute Sale Deed.
T. Kalaiselvan, Advocate
(Expert) 21 January 2015
You may take the principal into consideration for execution of sale deed before purchasing the property. Take an opinion from a local lawyer too.
