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tony (owner)     08 June 2014

How to cancel joint power of attorney..

My father, me and other paternal uncle and his two son(Total 5 members) given a power of attorney on 2000 to my father's elder brother. I am only 16 years when i signed the power of attorney. 5 members signed the document. The property is inherited to my father and my other paternal uncle from my grandfather. . The backside part of the property is owned by my father and front side belongs to my other paternal uncle. So we gave a joint power of attorney to my father’s elder brother. Now we want to cancel the power of attorney of our part .To cancel the power do we need to get sign from my paternal uncles and his son ‘also or we can do it solely. We also signed a Rs.50000 promissory note to my father’s elder brother on the same date (may 2000). So he can use it against us in case we cancel the power of attorney. There is no detail about the maturity date in the promissory note. How long a promissory note is valid if there is no detail about maturity date in it? I Read that supreme court given a judgment that Power of Attorney cannot be used to transfer a property or sell it. What is the use of holding a power of Attorney? In what ways he can use it now after the Supreme Court judgment.



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 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 June 2014

In order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance."

The court further said that a person can enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings. In that connection he can execute an agreement of sale and grant a power of attorney that will allow the developer to further sell the property to prospective purchasers.


 

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