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Gave POA to mother and she gave property for redevelopment is it valid
01-Apr-2023 (In Civil Law)
I had given the power of attorney to my mother along with my brother and 2 sisters 15 yrs ago for the house in our native place. It is not registered. Last year I knew that all of them without informing me gave that property to a builder for development. Now the building is ready.Will that transaction be illegal as POA is not registered? I don't know whether they have registered it in registered office. If not my presence in the register office is necessary or not? Can I execute stay order?
Dear Sir/Madam,
If the Power was given by you for a limited purpose and your attorney has misused the same you can seek cancellation of the Power of Attorney and consequently seek cancellation of the Development Agreement as executed with the builder. You will have to file a suit for cancellation and seek stay against the Builder.
If the Power was given by you for a limited purpose and your attorney has misused the same you can seek cancellation of the Power of Attorney and consequently seek cancellation of the Development Agreement as executed with the builder. You will have to file a suit for cancellation and seek stay against the Builder.
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Adv. Mohammed Zain Khan
Mumbai | 100+ Answers
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Dear sir
Any power of attorney is legal power of attorney as long as it done without any coercion or misrepresentation. It is not compulsary to register a power of attorney. However if you wanted to cnacel the power of attorney you should have sent you mother a notice of cancellation. Even then the contents of the power of attorney are most important , if incase you have given them the powers to sign documents on you behalf or to give the property for further development only then you stand a chance to stop the transaction.
Any power of attorney is legal power of attorney as long as it done without any coercion or misrepresentation. It is not compulsary to register a power of attorney. However if you wanted to cnacel the power of attorney you should have sent you mother a notice of cancellation. Even then the contents of the power of attorney are most important , if incase you have given them the powers to sign documents on you behalf or to give the property for further development only then you stand a chance to stop the transaction.
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Adv. Raunak Rane
Pune | 25+ Answers
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