Power of Attorney
Querist :
Anonymous
(Querist) 21 May 2011
This query is : Resolved
A person given a POA acts as per the POA.After a decade the POA is cancelled/ revoked and a new POA is given to another person.
All documents, papers, passbooks, chequebooks, accounts,etc have been returned to the the person.
Now the new POA holder is sending repeated notices asking questions of the earlier POA holder abouts acts, etc done years ago.
While answers in general terms can be given, specifics cannot be given in the absence of supports/papers now already returned.
The giver of the POA is now a foreign national, he is 84 years old living abroad and has not come to India for at least 8 years;the new POA holder is his relation, also a foreign national who has come to India on a holiday but is raking up only trouble- one notice asks for names & adresses of all parties who showed interest in renting a flat since 2004, with the allegation that the flat was rented out at below the market rate.
The earlier POA holder was never queried on any acts for 12 long years as did everything to the best of his ability.
Can these notices be ignored for the period the first POA holder held the POA?
Guest
(Expert) 22 May 2011
You have given a long detail, but without some basic things, like POA for what purpose, and on account what used and who was having documents, papers, passbooks, accounts, etc., and who returned the same to whom, and how these documents were with some one else other than the previous POA holder, how you are concerned with all that matters?
Please clarify all these points in order to get a proper advice.
Querist :
Anonymous
(Querist) 22 May 2011
Sorry about not being clear. Herewith info.
1.First POA from Principal was to look after his flat, give it on lease/ rent and deal with all authorities pertaining to the flat.
2.POA was used only for leasing registration till 2007 when authorities rfused to accept POA dox on Rs 100/- stamp paper. Thereafter flat was given out with mutual agreement for short term only.To avoid problems, the first POA holder kept some of his belongings in the flat to protect the Principals' interests.Verbal/ email concurrance was obtained from the Principal every time.
3.Dcuments, papers,passbooks,cheque books, and everything held by the POA holder (including full statement of accounts) were returned to the relation on the basis of a scanned copy of a handwriten note from the Principal delivered to the POA holder by the relation.Principal informed of the above actions by email.
4.Fortnight later the relation produced a new General POA on Rs 500/- stamp paper, signed by the Principal and attested by the Indian Consulate abroad.
Keys to the flat too had been given to the new POA holder who is presently residing in the flat of the Principal.
5. Against demand by a Notice, the first POA holder returning the Original POA document to the Principal too.
6.I am a cousin of the first POA holder and concerned for him & his family as he himself is unwell and now they all under severe mental strain due to above happenings.
He did everything in good faith and over 12 years has never had any problem with the Principal.And never charged a single paisa for helping this friend of his.
I hope this clarifies what you needed to give us some advice.
