• POA

(1)	Whether Mr. X can give all such powers in General POA to Mr. Y 
 
 (a)	that Mr Y (POA Holder) can execute Sale-Deed in name of Mr. X 
 and can sign and register the Sale-Deed on behalf of Mr. X

 (b)	that Mr Y (P.O.A. Holder) can collect the sale-consideration in 
 his own name (i.e in name of Mr .Y only) on behalf of Mr. X


(2)	Further, Whether such clause can be put in G.P.O.A . that it is 
 irrevocable And can not be revoked by Mr. X (executor thereof). 

Regard 
HARIOM
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Yes the same can be made.

But it is always advised that there is a revocation clause on the POA.

Irrevocable powers of attorney are relatively rare, though, because they essentially operate like any other power of attorney, but are not unilaterally revocable by the principal. An irrevocable power of attorney can have a sunset provision, ending the assignment on a particular date or condition, but remains irrevocable until that time unless the parties agree to terminate.

You may read in detail at the following link:

http://www.manupatrafast.in/NewsletterArchives/listing/Hariani/2015/Sep/Death%20of%20a%20Donor%20of%20an%20Irrevocable%20Power%20of%20Attorney-Effect.pdf

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

X can execute POA in favor of Y to sell property , execute sale deed , collect sale consideration.

it can be mentioned that POA would be irrevocable

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1 yes

A Y can execute

B Y can collect

2 X can revoke

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Hello,

1)

(1) Mr. X can give all such powers in General POA to Mr. Y provided the POA is registered with the sub registrar of Assurances with requisite stamp duty.

Answer to a& b is yes.

2) You can have to clause that there POA is irrevocable, however it only means that the principal ratifies all that is done by the POA in his capacity. The principal can revoke the POA whenever he chooses to do or when the purpose for which the power is accomplished.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

1. Power as mentioned in clause 1 is permissible but not the one mentioned in clause 2.

2.Even if you mention it irrevocable it can be revoked in certain conditions.

3.Such POA requires to be registered .Notarised POA is not enough to make sale deed registered.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Contact a local lawyer

Registration of the POA shall be in nominal fee of 5k to 10k

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) legal expenses for registration of POA would be nominal

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Hi,

General power of attorney may be given to any person and this is valid. A person who is holding the general power of attorney enter into any agreement with any person on behalf the principal he do all the work as a principle and can sign any agreement, can collect all the proceeds of the sale deed in his name if it is not provided specifically in the power of attorney. Any power of attorney which is generally nature must have an exit class means it is revokable and the wish of the power of attorney provider

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Mr. Y can take money for Mr. X, but Mr. Y must deposit the consideration money to bank account of Mr. X, otherwise Mr. X can sue against Mr. Y in a court of law.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Dear Client,

Irrevocable POA, in most cases avoided as you are giving up your right to revoke those powers. 3% of DLC if executed for purpose A & B which will be adjusted on registration of sale deed registration. For other purpose notorised will work.

(a) that Mr Y (POA Holder) can execute Sale-Deed in name of Mr. X

and can sign and register the Sale-Deed on behalf of Mr. X ----- YES

(b) that Mr Y (P.O.A. Holder) can collect the sale-consideration in

his own name (i.e in name of Mr .Y only) on behalf of Mr. X ------- YES

(2) Further, Whether such clause can be put in G.P.O.A . that it is

irrevocable And can not be revoked by Mr. X (executor thereof). ------- YES

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

The GPA can be irrevocable also.

One aspect of a power of attorney is that it can be made revocable or irrevocable.

by making the power of attorney irrevocable, you are giving up your right to revoke those powers.

But a power of attorney can be made irrevocable if the document includes a provision that specifically states that the principal gives up the right of revocation or otherwise indicates that the power is irrevocable. As a practical matter, an irrevocable power of attorney is rarely used and is typically limited to a specific purpose.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

So also tell me that what can be legal expenses for registration of such POA

The stamp duty for registering the POA is a local and state subject, hence the same may be inquired locally.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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