Power of attorney (poa)
BIJIT Kumar
(Querist) 11 December 2018
This query is : Resolved
My one colleague given me a power of attorney (POA) in 2007 for a piece of land against an amount paid to him earlier for his urgent needs. Please answer my queries are:
1. Whether he can cancel the deed /power of attorney at any time without informing me.
2. How long the deed/power of attorney is valid though there is nowhere mentioned about any time limit. How long it is legally valid.
3. Whether the said piece of land (whereon I have been given power of attorney) I can sale to anybody.
4. Whether the said piece of land (whereon I have been given power of attorney) can be registered and then proceed for mutation in my name.
5. If I would do above all, whether my colleague can challenge my legally in the court of law.
6. Whether I totally safe legally forever.
kavksatyanarayana
(Expert) 11 December 2018
A Power of Attorney can be cancelled by the Principal (who gave power i.e. your colleague). After cancellation he will send a formal intimation to the Agent ( here yourself) that the POA is cancelled. Or the Principal (who gave power) is died, then the POA is invalid. If the POA is still in live, the Agent (here you) can sell the property to any person or in your name and get it be mutated in records. Until the POA is cancelled or Principal is died, you have rights as per POA.
BAALASUBRAMANNYAMM
(Expert) 12 December 2018
In case of execution of a Power of Attorney, you need not give any amount as against the sale of land to your collegue, who is the owner of the property. And 2nd thing is: If you have given some amount as against the sale of said property to your collegue, the said document is not a POA, it should be an Agreement of Sale cum General Power of Attoney. First clarify yourself which document is executed and stands in your favour.
Kumar Doab
(Expert) 12 December 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 12 December 2018
If the said PoA vets power in agent to sell the property narrated in PoA then IT might be possible.
The agent has to maintain the trust of principle.
Show the said PoA, proof of payment, acknowledgment of pyamne tand any other document on record, to your own very able LOCAL counsel specializing in Civil matters, for a considered opinion.
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Tehsildar, Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Your own very able counsel can opine of title being good or bad, the arrangement made by you being good or bad.insufficient, help and guide for corrective steps to recover your money and you may act ASAP till principle is alive.
Dr J C Vashista
(Expert) 13 December 2018
What are the covenants of subject PoA ? Show it to a local prudent lawyer for better appreciation of document and guidance.
Whether the amount paid by you is for consideration of purchase / mortgage of some property / hand-loan or any other requirement of the grantor/ executor ?
What is the purpose of grant of the PoA ?
Whether the PoA is registered or notarised or without attestation ?
The principal (grantor/ executor) of PoA can rescind / revoke it, any time (if the purpose is complete) and inform you.
Did you ask the questions from your tutor ?
Why do you take examination of experts to answer your questions?
