In Relation To My Previous Question, This Is The Continuation

Asked in Civil

  • Rajesh Patel

    Bharuch

Expert's Answers(5)

  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    Dear sir, The POA being talked about is an invalid POA. Thank you

    April 28, 2021
  • Advocate J L Naagar

    Jalandhar, Punjab
      169 Client Ratings

    Power of Attorney itself is a defunct and invalid Document because of death of Principles.. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

    April 27, 2021
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    Dear Sir, Now it is invalid POA

    April 27, 2021
  • Adv R Muraleedharan

    Trivandrum, Kerala
      1 Client Ratings

    With respect to the maintainability of the given PoA, my answer was given earlier, which I am reproducing here: "AN IRREVOCABLE POA IS DRAFTED BY 3 PRINCIPALS. AGENTS OF THIS POA ARE 2 MATERNAL UNCLES. THE SUBJECT MATTER OF THE POA IS ABOUT THE PROPERTIES THESE PRINCIPALS WILL RECEIVE IN THE FUTURE. THESE PRINCIPALS HAVE RELEASED THEIR RIGHTS TO THESE PROPERTIES IN FAVOR OF THESE MATERNAL UNCLES WHO ARE THE AGENTS IN THE POA. HERE THE AGENTS HAVE CREATED AN INTEREST IN THE PROPERTY WHICH FORMS THE SUBJECT MATTER OF THE AGENCY. GENERALLY SPEAKING, A POA IS TERMINATED BY THE DEATH OF EITHER THE DONOR OR OF THE DONEE OF THE POA. HOWEVER, SECTION 202 OF THE CONTRACT ACT LAYS DOWN AN EXCEPTION TO THE GENERAL RULE OF TERMINATION OF THE AGENCY. ACCORDING TO SECTION 202, WHERE THE AGENT HAS HIMSELF AN INTEREST IN THE PROPERTY WHICH FORMS THE SUBJECT-MATTER OF THE AGENCY, THE AGENCY CANNOT, IN THE ABSENCE OF AN EXPRESS CONTRACT, BE TERMINATED TO THE PREJUDICE OF SUCH INTEREST. THE ILLUSTRATION GIVEN TO SECTION 202 LAYS DOWN THAT THE PRINCIPAL CANNOT REVOKE THIS AUTHORITY, NOR CAN IT BE TERMINATED BY HIS INSANITY OR DEATH. IN THE INSTANT CASE, SINCE THERE IS AN INTEREST FOR THE AGENT IN THE PROPERTY WHICH FORMS THE SUBJECT MATTER OF THE AGENCY, AND SINCE THERE'S NO CONTRACT TO TERMINATE THE AGENCY IN THE EVENT OF THE DEATH OF EITHER THE PRINCIPAL OR THE AGENT, THE POA IS STILL VALID AND CAN BE EXECUTED" For further steps in this regard, you may contact me at my email ID (*Email*) or Whatsapp/mobile*Phone*). Regards, Adv.Muraleedharan RM Associates, Trivandrum

    April 27, 2021