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Can a GPOA holder nominate another person to act on their behalf
20-Dec-2023 (In Property Law)
My mother, a land owner, executed a registered general power of attorney in favour of a Developer in 1996 authorizing the Developer to construct a building on her land. . On the strength of this GPOA, the Developer sold a flat to a buyer. But the Possession Letter was issued to the buyer by the husband of the Developer.My questions: (1) Is this Possession Letter legally valid? (2) Can a GPOA-holder nominate or authorize another person to act on his/her behalf and issue a Possession Letter?
usually a power holder has no right to further delegate the powers which he himself has derived from other on the basis of power. all the documents need to be carefully examinef before giving any concrete advice
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If the general power of attorney is limited to the right of construction then such sale is illegal and void ab initio. You must immediately file title suit and seek for title declaration by a court of competent jurisdiction. Do so immediately as suits in India normally take a while to come to its logical conclusion.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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