Power of attorney (general &special)
M.V.krishnarao
(Querist) 08 February 2013
This query is : Resolved
Dear Professionals and Experts,
I am a resident of Guntur in Andhra Pradesh, my father executed two gift deeds of one shop of equal area of 57.6 Sq.yds each without any separation and division to two of my elder male children in the year 1986 with life interest separately with a gap of few days at the fag end of the financial year 1985-86. By the time of execution of the Regd. settlement gift my elder son was 9 years and my second son was 5 years being minors myself was shown in the deed as natural guardian and myself aged 30 years. My father aged 66 years by then. My elder son after completion of MCA course at Chennai left to UK and while he was working there he proposed to construct one house at Guntur by obtaining some loans in addition to his savings. He came to India during February and consulted the financial institutions like LIC and Some Banks for raising funds. He executed one General power of attorney in my name on15th February 2006 on Rs100/- non-judicial stamp paper at Guntur to act as lawful attorney in his behalf and on his behalf to do any or all of the following acts deeds and things namely all the movable and immovable properties and their sale, lease and mortgage and to repay loans taken from banks and to open bank accounts and to deal with bank transactions...etc.
My elder son has no movable and immovable properties in his name prior to the execution of the General power of attorney on 15-02-2006, but after the death of my father my elder son and second son has got their right to enjoy the property mentioned above as pet their share value. It is all after my father’s death.
I have not performed any acts mentioned in the GPOA during all these years from 2006 till date
Now my father died on 3rd of February 2013 at the age of 92 years.
My quarry is when does a power of attorney expire?
Is the Power of Attorney executed by my son to me on 15-02-2006 is now valid or not, to act on behalf of my son to collect leases or rents from the above shop.
Whether am I authorized legally to receive lease/rent from the shop tenants by giving a notice enclosing a copy of the gift deed and GPO?
My second son is in India and there is no problem to deal with his share of rent by himself or by obtainbing POA from him.
your earliest reply is highly appreciated.
Thanking you Sir, Yours faithfully
M.V.Krishna Rao
ajay sethi
(Expert) 08 February 2013
it is valid till date . your son has not revoked POA till date . you need not enclose power ofattorney while demanding rents . just mention said fact .
Advocate Ramesh
(Expert) 08 February 2013
unless or other the gpa is cancelled it is a valid one.
Raj Kumar Makkad
(Expert) 08 February 2013
The GPA provided by you elder son in your favour has no relation directly or indirectly with the life or death of your father so the same still is intact.
