• Whether Power of Attorney can transfer rent to the owner

A building was taken on lease from 11.02.2014 to 10.02.2019 for Rs.3300 per month.The rent is being paid to the Power of Attorney of the building who has executed the agreement on behalf of her husband. Now the Power of Attorney holder requested to transfer the rent to her husband's account who is the owner of the building.There is doubt about operating right of owner and the power of Attorney holder simultaneously.Whether the rent can be given to the owner of the building instead of the power of Attorney holder of the building.
Asked 2 months ago in Property Law from Kollam, Kerala
Religion: Hindu
Yiu can transfer rent to the owner of building as he is the landlord 

2) written intimation had been given by POA ti transfer rent directly in principal  bank account 

3) no harm in making such payment 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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Hi 
Technically the rents should have been paid to the actual owner of the building.
However it appears that the power of attorney holder has earlier requested you to pay the rents to her. 
Since you had earlier made the payments to the power of attorney holder and now the power of attorney holder is advising you to pay the rents to the owner, you should do the following
a) Ask the power of attorney holder to issue you a letter in writing that she has been in receipt of rents from 11-02-2014 till date and there are no outstanding dues either to her or the original owner and 
b) The power of attorney holder and the owner of the property  should jointly make a written request to you asking you to remit the rents in favour of the  owner of the property  and
c) The Owner of the property should issue you monthly receipts for the rents paid to him (if you are making cash payments) or the Owner should share with you his bank account details so that you can do the NEFT transfer of rents directly to the owner account. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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The POA is only collecting the rent for and on behalf of the owner i.e her husband. If the GPA in favour of the GPA holder has been revoked by the principal i.e owner then alone the tenant should pay the rent directly to the landlord. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) no need to revoke agreement executed by POA 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Hi 
It is not necessary to revoke the agreement executed by the Power of Attorney. 
The agreement entered in to by the Power of attorney shall be binding on the land lord(owner of the property) and the land lord has to compulsorily abide by the terms of the agreement so entered between you and his Power of attorney holder
However for your comfort, you may ask the land lord to acknowledge to you in writing that he consents to the terms of the rental agreement so entered by his power of attorney holder and yourself. 
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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The power of attorney deed is executed to do or perform some acts on behalf of the principal.
If the deed is registered deed then the power agent can object to its cancellation owing to his interest in the deed.
If the POA deed is not coupled with interest, then the power of attorney deed can be cancelled anytime at the discretion of the principal. 
In this case since the building owner is the principal, then there is no wrong in the agent asking you to deposit the rental amount to the owner directly.
There is no legal infirmity in it. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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In that case, is it necessary to revoke the agreement executed by the POA


Whatever agreement entered by the agent with the tenant is on behalf of the principal hence there is no need to revoke the same. 
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
It is. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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