• Can a tenants POA take posesssion of the tenants property

Hi , 

My tenant has created a POA and is trying to sublet the property. I have a few questions regarding the rights if the POA in this case. The POA is a General POA and is done on behalf of one of the 5 legal hiers of the original tenant who passed away.

1. Does the POA need to be registered to fight a civil case of Eviction filed against the tenant (legal heirs) by the landlord? The current POA is notarized one.
2. Can the POA take possession of the property let out to the tenants (legal heirs of the original tenant) ?
3 What steps do you recommend to follow in court to ensure that the POA does not take illegal possession. 
4 Is there any order that can be passed to restrict the POA from alienating or taking illegal possession of the place on the pretext of being a POA.

5 Are there any specific court case examples where the POA is not allowed to Enter the property or stand in the court of law for the tenant. 

Thanks
B
Asked 7 years ago in Civil Law

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15 Answers

1) registration of POA is not necessary for fighting civil case

2) POA can take possession on behalf of tenants

3) order cannot be passed restraining POA from taking possession

4) for subletting property prior permission of landlord is must

5) personal presence of tenant is required to give evidence during trial as POA would not have any personal knowledge of the facts of the case

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. You can contest a civil case even if the POA is not registered.

2. The Rent/Lease Agreement would have to be perused to answer this query.

3. Approach the Court and seek an injunction against the POA from entered the leased property.

4. Leased property cannot be sub-let without the permission of the lessor/landlord.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Does the POA need to be registered to fight a civil case of Eviction filed against the tenant (legal heirs) by the landlord? The current POA is notarized one.

Non registered POA can also work for fighting a civil case of eviction, registered POA is not required.

Can the POA take possession of the property let out to the tenants (legal heirs of the original tenant) ?

Yes, generally the POA can take possession on behalf of the tenants, it will be good if you can share the agreement for a concrete opinion.

What steps do you recommend to follow in court to ensure that the POA does not take illegal possession.

Approach the court and seek injunction so that the POA does not take ILLEGAL possession.

The tenant can not sub-let the property without the permission of the landlord.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. POA need not to be registered to fight civil case of eviction.

2. Subletting the property is illegal and lead to null and void of the existing agreement.

3. A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorize the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1-A and Section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee.

4. Refer - State of Rajasthan v. Basant Nahata, (2005) .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi, if there is no clause for sublet or transfer of tenancy rights in the R ent agreement that it cannot be done by the current tenants.. You can file a civil suit for permanent injuction and obtain a stay order from court to restrain the current tenants from executing POA

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. To represent the principal in court the agent requires notarised POA only.

2. Yes, poa holder can take possession of the property.

3. Subletting without written permission of landlord is a ground for eviction. So on this ground you can file a suit for eviction against the original tenant.

4. File an eviction suit. It will take care of all situations.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1) POA is entitled to file appeal on behalf of the tenant and seek stay of order passed by small causes court

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Since it is GPOA, the holder can use it to file an appeal.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Yes, the Power of Attorney holder may take all the necessary legal resources on behalf of the his/her agent, including but not limited to representing the Agent in the cases/appeals which are filed.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Once eviction i granted in favour of the original tenant the sub tenant is bound by the decree.He cannot challenge the decree anymore.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

The tenancy rights cannot be extended to the legal heirs of the tenant beyond one year period and this POA by all the legal heirs of the deceased tenant cannot be a blanket permission.

This will not bar the owner to issue legal notice to the legal heirs of the deceased tenant to vacate the rented premises, especially when no such thing is permitted in law.

The POA will not entitle the legal heirs of the deceased tenant to take over the property nor they can continue the tenancy for any reason.

The POA is not the owner of the property that he is entitled to take possession of property, the owner should argue about his illegal possession

You should file a petition u/o 39 rule 1 and 2 seeking injunction agaisnt the POA or his principals from indulging in such illegal acts.

The POA is not an authorised representative of the deceased tenant hence this can be challenged on the same grounds.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Is the POA entitled to challenge the Small Cause court verdict for Eviction. Can he use his POA deed to file an appeal in the District court to stay the Small cause courts order even tough the tenant has mentioned that in the POA deed.

This question can be answered only when the POA agent is trying to do such an zct, if he does that then you can challenge this act properly because he has nothing to do with the property on rent this way.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

He can use this POA for filing any application or appeal or case, if the POA has been issued for handling the cases on a person's behalf.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. Notarization is not registration. Furthermore, irrespective of whether the POA is registered or not, if there is a clause in the rent agreement which precludes the tenant from subletting the property, the POA does not come to the rescue of tenant.

2. To restrain the POA holder from taking possession of the property you must seek injunction from the civil court against him. This is the only way to stop him from taking possession and creating third party rights,

3. No court examples are required.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The POA holder has no locus to defend the case on behalf of the tenant.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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