• Irrevocable power of attorney to wife

Dear sir,
my husband wants to give irrevocable power of attorney for his all properties to me.my both sons are agree with it.they all want a absolute power of attorney of all properties in my name.
POA should not be revoked i.e. my husband could not change or revoke it any time.
kindly give us the type of poa for this purpose.
Asked 1 year ago in Property Law from Bathinda, Punjab
Religion: Hindu
1) your husband can execute irrevocable power of attorney in your favour in respect of all properties 

2) the power of attorney should be duly registered 

3)your husband can revoke the power of attorney executed in your favour 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, it is better contact local advocate and he will assist you in helping the draft of Power of Attorney.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1, Unless the POA is coupled with interest the same is always amenable to the modification or revocation made by the maker of the POA or the Principal.
2. So in your case irrespective of the terminology used therein to make it irrevocable your husband or sons can revoke it later on.
3. However that does not mean that they could not execute POA of that nature. let them proceed with this.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. irrevocable  POA by your husband to your sons can be given f there is a contract between your sons and husband for constructing a building thereupon for which your husband has taken money from your sons,

2, Otherwise, the POA can be revoked and it will become invalid once your husband dies.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
An irrevocable power of attorney cannot be cancelled without giving a public notice. A power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing it.
A power of attorney is a document of convenience. Where circumstances require appoint-ing an agent formally to act for the principal in a particular transaction, or a series of transactions, or to manage the affairs of the principal generally, the necessary authority is conferred by a power of attorney.

In typical commercial transactions, a power of attorney may also purport to act as security to enable the security holder to exercise the powers conferred on him, which would be difficult for the donor to perform at a subsequent time. 

Generally speaking, a power of attorney can be terminated or cancelled by the principal by revoking his authority or by the power of attorney holder renouncing his authority.

Where a power of attorney is given for a valuable consideration and expressed to be irrevocable, or is given to secure a proprietary interest of the donee of the power, or the performance of an obligation owed to the donee, then, so long as the donee has that interest, or the obligation remains undischarged, the power is irrevocable.

Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.

The interest which the agent has in effecting a sale and the prospect of remuneration to arise therefrom, do not constitute such an interest as would prevent the termination of the agency.

If any such interest were to be created for the benefit of the agent, it should be contem-poraneously provided for in the instrument of agency itself and should not only be express but also be explicit. It should not give any room for doubt, nor could it be a matter of interpretation. An agency to be irrevocable should therefore create in the agent an interest in the subject matter contemporaneously with the document wherein such agency is created and it cannot be left to chance or guess or inference.

According to S. 4(1) of the (English) Powers of Attorney Act, 1971 a power of attorney is irrevocable if it is expressed to be so and is given to secure : (i) a proprietary interest of the donee of the power; or (ii) the performance of an obligation owed to the donee. Then, so long as the donee has the interest or the obligation remaining undischarged, the power cannot be revoked by the donor without the consent of the donee, or by death, incapacity, insolvency, winding up or dissolution of the donor.

What emerges from the above is that an irrevocable power of attorney creating an agency, wherein the agent (the donee) has an interest in the property and which forms the subject matter of such agency created for valuable consideration, the agency cannot be terminated to the prejudice of such interest, unless there is an express contract to the contrary. It can, therefore, be inferred that an irrevocable power of attorney granted in relation to a subject matter in which the donee has an interest, cannot be revoked by the donor, nor can it be terminated by the death, unsoundness of mind or insolvency of the donor to prejudice such interest created by the donor in favour of the donee.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. What is the object of executing the POA? Does your husband wish to authorize you to manage or sell the properties?

2. There is nothing such as 'Absolute Power of Attorney'. If the object is to sell the properties then a Special Irrevocable Power of Attorney should suffice, whereas if the object is to authorize the management of properties then a revocable power of attorney should be executed.

3. Get the POA drafted from a lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
According to S. 1A of the Powers of Attorney Act, 1882 a power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing it.

Irrevocable power of attorney is in effect during the waking life of people. Prior to the Supreme Court judgment on Oct 11, 2011, power of attorney was not irrevocable. It was possible to change the details mentioned in the POA. However, post the SC verdict, the POA becomes irrevocable when it is coupled with registered agreement to sell, and consideration paid in the Sale Agreement.

Your husband can execute irrevocable power of attorney in your favour in respect of all properties. And it should be duly registered. An irrevocable power of attorney cannot be cancelled without giving a public notice.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi
The Power of attorney can be technically drafted including the word irrevocable , however the same can be revoked by the executor if it.

The Power of attorney is valid only during his lifetime .once the person is not alive the Power f attorney becomes invalid.

The Power of attorney can be revoked by the person who issues it any time by issuing another deed of revocation.
Get the help of an advocate , provide your details and the purpose of the Power of attorney and get it drafted accordingly.
if you are intending to transfer the proper in your name it is better to get it transferred through a gift deed.
As you know it well Power of attorney does not give you the title and ownership of any thing , the attorney is the administrator or the person who authorized to act on behalf of the executor/principal 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) Your husband can issue an irrevocable POWER OF ATTORNEY in favour of your mother. This must be registered of she needs to sell or make any such transfers of the properties. A clear list of all the properties must be included in the POA with the schedule of properties.

2) Though the POA is called irrevocable the principal, that is your husband in this case is at liberty to revoke the POA by a deed of revocation any time that he wishes. He can send a notice to you and publish the revocation in the news paper as well.

3) Unfortunately there's no POA that is absolutely irrevocable literally as basically POA is a representative power passed on to someone.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0