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Is Power of Attorney used for a specific thing ?
28-Nov-2023 (In Documentation Law)
My brother bought a land in my name to avoid taxes & had made a power of attorney in his name around 15 years back, when I was around 18 age. At That time I had signed the power of attorney without seeing anything. After couple of years he sold that land & I became NRI at the age of 23. At present I am 33. Few days back he had called me, telling that there is land in my name (which I was not aware of since 10 years and came as shock), and he told it needs a new power of attorney, since the govt. rules have been changed. Since then I have become paranoid about this issue. I am also concerned about my heritage (not yet sorted out) left by our parents. It seems to me that previous power of attorney done by my brother, which had full control over my share in heritage and my own properties! Also my brother had taken my aadhar & passport copy few months back, before mentioning this issue. Is a power of attorney done to one specific deal or its general (can be used for anything)?
There are two types of Power of Attorney:
General and Special.
Under the General Power of Attorney the powers are wide and relates to every transaction flowing from a particular right to administer the property on your behalf.
But under Special Power of Attorney the power is restricted to certain transactions or property.
General and Special.
Under the General Power of Attorney the powers are wide and relates to every transaction flowing from a particular right to administer the property on your behalf.
But under Special Power of Attorney the power is restricted to certain transactions or property.
Helpful?
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Adv. Nidhi Bafna
Bangalore | 25+ Answers
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Hello,
Power of attorney can be done for a specific purpose or even for general as well. To say what has happened with you need to read the paper and then can say anything on that. If you have purchased any property subsequent to entering into power of attorney then he shall have no power to sale or mortgage etc. But with respect to your parents properties if it was mentioned in your power of attorney then he will have right to sell etc. But nothing to worry since you were just turned major and the signatures were taken without having any knowledge about the terms of the paper you can challenge them. Now mainly you need to know what properties of your parents are there and it stands in whose name and get an recent encumbrance certificate for your properties to protect yourself.
Power of attorney can be done for a specific purpose or even for general as well. To say what has happened with you need to read the paper and then can say anything on that. If you have purchased any property subsequent to entering into power of attorney then he shall have no power to sale or mortgage etc. But with respect to your parents properties if it was mentioned in your power of attorney then he will have right to sell etc. But nothing to worry since you were just turned major and the signatures were taken without having any knowledge about the terms of the paper you can challenge them. Now mainly you need to know what properties of your parents are there and it stands in whose name and get an recent encumbrance certificate for your properties to protect yourself.
Helpful?
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16+
Adv. Roopashree R. A.
Bangalore | 100+ Answers
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