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Can brother misuse the power of attorney


30-Mar-2023 (In Property Law)

Hi Sir, I have a own property in my name as well as we have a joint property with brothers. Now one of my brother is asking us to give him power of attorney in his name to sell property which is under all of us brothers. He has clearly mentioned property name in the agreement bond.Please suggest me if he can misuse it and sell my own property? or is there any specific agreement to be done so that he cant misuse our power of attorney. Thanks,

Answers (2)

Answer #1
969 votes
If the power of attorney has particularity of the property of your share and specified with a particular act, the agent can do that particular acts only. If your agent performs the act which is not particularly mentioned n the PA, you can take action against your agent for the wrong full act. To avoid the complication, the attorney can execute Special Power of attorney.
Answer #2
677 votes
you can make the power of attorney for the said part only by mentioning the Schedule and with specific averment that the power of attorney shall conve power to transact with only the schedule property mentioned in the power of attorney and nothing else

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