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Legal obligation of an affidavit signed by father

Querist : Anonymous (Querist) 07 February 2010 This query is : Resolved 
An affidavit signed by father issued to his son for the purpose of obtaining a civil contractor's license. Is there any legel objections for father to transact his properties independantly since the affidavit is given to son? Is it necessary to seek permission from son to make any transaction of properties involved in the affidavit? Kindly advise.
B K Raghavendra Rao (Expert) 07 February 2010
Probably you are referring a power of attorney and not affidavit. If the father has executed POA in favour of his son for the purpose of obtaining a civil contractor's licence, it is a Specific Power of Attorney and its scope is limited to obtaining the contractor's licence. Father need not seek permission from son for any transaction of his property.
A V Vishal (Expert) 07 February 2010
What are the contents of the affidavit is to be perused, however, the father need not take permission of his son to transact his property independently.
Parveen Kr. Aggarwal (Expert) 07 February 2010
The registered owner of property(ies) remains owner thereof with all the rights to deal with his property(ies) in the manner he likes except the obligations created under any instrument (affidavit etc.). Mereby by signing an affidavit, nobody can be said to have lost his rights in the property(ies)owned by him.
Raj Kumar Makkad (Expert) 07 February 2010
Father is an independent owner of his properties and he has not to seek any permission in case he has given an affidavit for a specific purpose to his son and even if he has given POA even then he has just to intimate his such agent about his further action to sale the property and has not to seek any permission.


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