• Power of Attorney holders right and liabilities

We are 2 brothers (including me) and 2 sisters. My Parents are deceased. Recently I got transferred my father rental property in my name by making a Affidavit and getting consent of ALL other legal heirs. I also created a Power of Attorney in the name of my elder sister as I am supposed to stay away from other legal heirs.
Now, my 2 sisters including my Power holder have objected to previous affidavit and have given their consent in favour of my brothers and submitted copy of it to Developers of the property. However, they (including my Power holder) didn't submitted any copy to me even after several reminders. I got this message of objection and consent from Developers only. Please note that in my POA I have specifically restricted right of my power holder in the sense She can't sale/transfer old/new property and same shall be under my personal signature only.
Now my question is:
1. How my 2 sisters & power holder can withdraw their consent previously granted to me?
2. Can my power holder can give consent on my behalf?
3. As nobody has given copy of objection and consent given to my brother to me how can I get said 
 copy from them or my attorney holder?
4. What action can I take against my power holder for not sharing the documents which I demand from 
 her? Can I claim demurrage from my POA holder?
Asked 5 months ago in Property Law
Religion: Hindu

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14 Answers

Hi,

Following are the answers:

1. The consent can be changed at any time on the wish of person consented.

2. Yes the are free to consent.

3. Normally it should have been provided if not then in case of litigation you may ask for the copies.

4. Consent is based on free will so no action is possible in this case. The damage can only be claimed from POA holder if she has done some thing beyond the rights enumerated in POA.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

 Dear Sir,

 My answers are as follows 

1. How my 2 sisters & power holder can withdraw their 
consent previously granted to me?
Ans: You have to check on what grounds they have withdrawn
their consent. Your POA might have withdrawn her consent on her
individual capacity.

2. Can my power holder can give consent on my behalf?
Ans: She cannot, unless there is a specific clause in POA.

3. As nobody has given copy of objection and
consent given to my brother to me how can I get said

copy from them or my attorney holder?
Ans: Your POA seems not supporting you, get POA cancelled
other wise you may lose property.

4. What action can I take against my power holder
for not sharing the documents which I demand from

her? Can I claim demurrage from my POA holder?
Ans: At the most you can cancel POA and then approach
Civil court to claim compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

1) If initial POA is registered in the sub-registrar office as per the Indian Registration Act, then they do not have any rights to breach the POA. If its not registered then they can overruled it the previous and make new POA.

So, now check the Developers/ Builders POA is registered or not.

 

2) Yes

 

3) Instead of POA and NOC, you could have made the relinquish deed.

 

4) First need to review you POA and details about registration.

 

 

Response to your cross question.

 

If you don't understand simple language then can't say anything. Kindly read my point number one.

 

Check your POA registered with sub registrar.

 

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

1) power of attorney granted can be revoked by sisters. It is not irrevocable 

 

2) if you have executed POA your agent can give consent on your behalf . It all depends upon POA executed by you 

 

3) issue legal notice to your siblings to obtain copy of consent and objections 

 

4) you can revoke POA granted to your agent 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Query has been replied to sequentially 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. Withdrawal can be done by executing a deed of withdrawal/revocation/

2. Unless the GPA is revoked the agent can perform all the functions and exercise all powers which he has been permitted to perform and exercise.

3. You have no right to get it if they refuse to share it with you.

4. No action lies as no civil wrong much less an offence has been committed by her.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

1. The content of the affidavit affirmed by them is required to be perused for parting proper advice in this regard. Was it mentioned therein that the said consent in you favour is final and can not be withdrawn? If yes, then they can not withdraw their said consent now.

 

2. The content of the POA executed by you is required to be perused. If you have mentioned that then POA holder can not act based on the said POA to transfer your tenancy right, then she can not do so.

 

3. This can be given by the Developer if he refuses to accept you as the sole holder of the tenancy right on the said property and accepts the objection raised by the other legal heirs.

 

4. It is not mandatory on your POA holder to serve you copies of those documents unless it has been mentioned in the POA. You can now cancel the POA you had executed in her favour.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Withdrawal of POA involves  following steps:

  • Get issue a legal notice intimating withdrawal with immediate effect.
  • Release Paper Publication in local two newspapers in English and another in Vernacular language.
  • If POA is registered then get a cancellation deed from the Sub Registrar Office.

The concept of questions and answers are charity based and legal advisers are not supposed to put the answer in detail due to lack of time and he has to answer the questions of so many other persons. Secondly, the adviser requires some more points to be clarified before answering in details otherwise if answers are given on assumptions and presumptions then it may mislead persons who put their questions on this platform. Hope you are now satisfied.

Inconvenience caused to you is regretted. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

- As per law after the death of your parents intestate , his property would be devolved upon all the legal heirs equally i.e. 1/4th share of each of you. 

- Further, any legal heir can release his respective share in the name of other after executing a Registered relinquishment deed. 

1. If there is not registered document , then they can withdraw their consent. 

2. Yes , if that GPA having clauses for the same.

3. Issue a notice to them

4. You can cancel the GPA given to her if she not complying the contents given therein. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under: -

 

1. When there is no registered Relienqueshment Deed then NOC has no value in the eyes of Law. they can withdraw their consent at any point in time.

2. As per information, the POA holder may act on behalf of you as per the terms and conditions of the deed of the Power of Attorney and not beyond that.

3. You may issue a legal notice to your POA Holder for revocation of POA and also published the same in two leading Newspapers of your area.

4. You may file a civil suit for mandatory and permanent injunction with consequent relief and claim compensation as damage.

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6086 Answers
288 Consultations

4.9 on 5.0

1. Assuming that your parents died intestate (without executing a WILL), then the share in the property devolves equally to all the children (sons and daughters). In the instant case, the entitlement to the share in the property devolves equally to 2 brothers and 2 sisters, i.e., 1/4th or 25% share to each one of them in all the movable and immovable properties of your deceased parents.

2.  Transfer of property by you in your name,  by obtaining affidavit from other legal heirs is not the valid legal route. The correct way to get transfer of property in your sole name is to get the registered Release Deed from your brother and two sisters, relinquishing their individual share in the property in your favour, by paying adequate stamp duty and get it registered in the jurisdictional Sub Registrar's Office.

3.  Your 2 sisters and power holder had only submitted an affidavit but they had not executed a registered Release Deed relinquishing their individual entitled share in your favour and hence they have withdrawn their consent previously granted to you.

4.   Your power holder can only give consent on your behalf only for the clauses mentioned and agreed by you through POA.

5.   You are legally entitled to obtain a copy of objection as against you only the objection has been lodged. Demand for a copy of objection from your siblings and builder.

6.  Send a legal notice to your power holder for not providing you a copy of objection. You can claim demurrage from the power holder if you can provide evidence for the damage incurred by you on account of the action by your power holder.

Shashidhar S. Sastry
Advocate, Bangalore
3807 Answers
227 Consultations

5.0 on 5.0

Dear Sir,

1) POA can be revoked by the other heirs. A registered deed cannot be revoked.

2) If the agent has been granted power then they can give consent on your behalf.

3) Ask your siblings to send the copy, you can send legal notice if they are not being amicable to your request.

4) As your sister is taking unauthorized steps against your interests you should revoke the POA granted her.

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

1. If the consent given to you earlier was with any condition imposed in it, then it can be revoked.

If the consent given was that of relinquishing their rights in the property then unless it was executed by a registered deed, it is not valid in law, hence the invalid consent cannot be enforced by you, better ascertain the details of the consent deed given to you and plan to initiate legal steps if it is really maintainable in law.

2. If the power of attorney deed authorises your power agent to perform this task on your behalf, then the agent can give the consent on your behalf.

3. What you want to say by this question is not understood, hence better divulge more details in order to get more proper opinion.

4. You can issue a legal notice to furnish the documents which affect your interests in the property. 

You cannot claim demurrage for this but can file a suit for  permanent restraining them from going ahead with the issue without your consent or permission and also to restrain them from further alienation or encumbrance on the same line till the disposal of the main suit.

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

You may go through the answers given in my previous post and can revert for more clarification by providing proper information to the actual problems you face. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

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