• Power of attorney

Next week, I plan to register a property in my name and my son's name. My son may go to America and settle there. So, after registering the property jointly, can I execute a power of attorney from him allowing me to do whatsoever with the property during his absence in India till my death and later, he becomes the automatic owner. But, can he misuse the PoA say by mortgaging or selling without my knowledge with this POA? Actually, the POA should not allow himself to do anything on his own. Your advice please
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1. The POA can be worded in such a way that your interest in the property is protected.

2. You can arrange for a general power of attorney where it should not allow your son to mortgage/sell the property.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Your son can execute POA in your favour authorising you to act on his behalf

2) POA should be registered if it authorises you to sell the property

3) your son is at liberty to sell or mortgage his share of property as he is owner of 50 per cent share in property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

As I understand, your son is travelling to America, not you. Therefore your son needs to execute a POA in your favour to manage the property in his absence. This POA could also include, renting out the property, signing rental agreement deed, concluding all transactions affecting the property, but excluding sale, mortgage or in any manner creating a charge or lien in and over the property.

A POA can be irrevocable or valid only for the period your son is in America. On the death of the executor, the POA becomes null and void

A POA should be registered if you want your son to authorize you to sell/mortgage the property in his absence from India. If this is done, you would not require to obtain the signature of your son in such circumstances. This is completely legal and valid.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1. The POA to be executed by your son in your favour can include the mortgaging/selling of the property by you.

2. The registered POA should be adequately stamped and registered to qualify it as legal document and it will be safe.

3. Any interested buyer shall look to the registered POA and gets convinced regarding the legality of the POA.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

POA is executable in the life time of maker of POA. after his death it becomes void. POA is tool to authorized a person to do some thing mentioned in the POA on behalf of the maker. maker can impose limitation and execute a special POA.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Your son will become the joint owner the moment the sale deed is executed before the jurisdictional sub-registrar. Thereafter, he shall be at liberty to execute a POA in your favour to authorize you to manage the property. The execution of POA by him will not uproot his joint title. It will only confer authority on you to manage the property.

2. He can sell/mortgage only his share in the property.

3. If the GPA executed by him includes the authority to sell/mortgage the property you will be free to do so.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

But, can he misuse the PoA say by mortgaging or selling without my knowledge with this POA? Actually, the POA should not allow himself to do anything on his own. Your advice please

You have mentioned that your son would to America and settle down there, but before that he would give a power of attorney deed in your favor.

If the power of attorney deed is in your favor, how do you expect your son to misuse the power of attorney deed.

This can happen only when you give him power to do whatever he wants.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

But the PoA should allow me to sell/mortgage or whatsoever without his signature as he may not be available in India during that time. Will anyone buy this property without my sons signature, only with this POA? legally safe?

The POA should be a registered document.

You may have to obtain a life certificate of your principal (son) while registering a sale deed in favor of the buyer.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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