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Validity of general power of attorney in court
03-Feb-2023 (In Property Law)
Dear Sir / Mam I want to ask a question related to General Power of attorney. I have a house fully in my possession with electricity meter and house tax with my name. But it is on GPA. Is it valid in the court or will it be count my property if someone challenge in the legal way? and what is validity of power of attorney for property?
Power of attorney is a authorization (adhikar patra) it's not a sale deed. Through POA you can take care and manage the related property and you can also do the related work through it but you can't b the owner through POA. property title only belongs to sale deed, will and gift transfer. So you are not the owner of this property.
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Adv. Rajeev Nigam
Kanpur | 25+ Answers
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What is the Supreme Court Judgement on power of attorney 2023?
The Supreme Court of India handed down a landmark judgement on June 6, 2023 in the case of Ghanshyam V. Yogendra Rahthi regarding the validity and scope of power of attorneys (POA) documentation. The Court ruled that a POA, or a Will, cannot be recognized by the Indian Supreme Court as documents granting any rights to immovable properties or title documents. 10 Oct 2023
What is the maximum validity of a power of attorney?
A PoA is only valid for the lifetime of the principal. PoAs can be revoked within the lifetime of the principal. The SPA is automatically revoked as soon as the transaction for which it has been executed is complete. 12 Oct 2023
Can whether property be sold with power of attorney?
The Supreme Court ruled that on April 22, 2022, those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 24 Nov 2023
dear client
A party to the Court Proceedings may be represented by a Power-of Attorney holder duly authorized by the Party/ Principal. Under Order 3 Rule 1 & 2 of Civil Procedure Code any appearance application or act in or to any Court except otherwise provided by any law made or done by the party in person or by his recognized agent or by a pleader on his behalf. Order 3 Rule 2 of C.P.C. specifies the Power-of-Attorney holder as recognized agents for the Party. Therefore the power-of-Attorney holder who is authorized to appear on behalf of the party can appear, file application engage advocates and act on behalf of parties.
A party to the Court Proceedings may be represented by a Power-of Attorney holder duly authorized by the Party/ Principal. Under Order 3 Rule 1 & 2 of Civil Procedure Code any appearance application or act in or to any Court except otherwise provided by any law made or done by the party in person or by his recognized agent or by a pleader on his behalf. Order 3 Rule 2 of C.P.C. specifies the Power-of-Attorney holder as recognized agents for the Party. Therefore the power-of-Attorney holder who is authorized to appear on behalf of the party can appear, file application engage advocates and act on behalf of parties.
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Adv. Varun Tripathi
Allahabad | 25+ Answers
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The power of attorney is valid throughout the life of the principal and can be revoked at any time during the owners lifetime. Special Power of Attorneys (SPA) are revoked once the task that was assigned to them is complete.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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