Power of attorney question
8 months ago
I have given a Power of Attorney to my Father-in-Law for a property I own. I am going through a citizenship status change; I am an Indian citizen but will change my citizenship in 2 weeks. Will the power of attorney still be valid after my status change? Can my father-in-law do the transaction on my behalf when I am not a citizen but the original power of attorney was given when I was an Indian citizen?
A.Dear Client,
Being a citizen of India and following the provision of governing law when you are executing a POA in favour of a person to act on your behalf, the said documents remain valid until and unless the same is revoked by the Principal/Executor. And for revocation of said POA you have to follow the law of the Country where you executed the document. Change in your citizenship has no role to play in the matter. Further, if the POA is executed for a specific purpose or for a specific period of time then on the discharge of a specific purpose by the Attorney and expiry of the specific period, the POA itself becomes defunct losing its validity and enforceability.
Being a citizen of India and following the provision of governing law when you are executing a POA in favour of a person to act on your behalf, the said documents remain valid until and unless the same is revoked by the Principal/Executor. And for revocation of said POA you have to follow the law of the Country where you executed the document. Change in your citizenship has no role to play in the matter. Further, if the POA is executed for a specific purpose or for a specific period of time then on the discharge of a specific purpose by the Attorney and expiry of the specific period, the POA itself becomes defunct losing its validity and enforceability.
Helpful
Helpful
Share
A.Dear Client,
The general principle that a power of attorney (POA) remains valid unless it is expressly revoked or if any event occurs that renders it legally ineffective. However, the specific implications of your status change on the validity of the POA would depend on the applicable laws and regulations in your jurisdiction.
In India, the Indian Power of Attorney Act, 1882 governs the creation and revocation of powers of attorney. As per the Act, a POA can be revoked by the person who granted it (known as the principal) by executing a revocation deed. However, if the POA explicitly states that it remains valid even after a change in citizenship or residency, it may continue to be effective, subject to any specific requirements or limitations under the law.
It is important to consider the laws of the country where you are obtaining citizenship, as they may have different rules regarding the recognition and validity of powers of attorney. Some countries may not recognize a power of attorney granted by someone who is no longer a citizen or resident.
To ensure clarity, it is advisable to consult with a lawyer in both your current country of residence and the country where you are obtaining citizenship. They can review the specific details of your POA and provide guidance on its implications after your status change. If necessary, they can recommend options such as revoking the existing POA and executing a new one under the laws of your new country of citizenship.
Thank you.
The general principle that a power of attorney (POA) remains valid unless it is expressly revoked or if any event occurs that renders it legally ineffective. However, the specific implications of your status change on the validity of the POA would depend on the applicable laws and regulations in your jurisdiction.
In India, the Indian Power of Attorney Act, 1882 governs the creation and revocation of powers of attorney. As per the Act, a POA can be revoked by the person who granted it (known as the principal) by executing a revocation deed. However, if the POA explicitly states that it remains valid even after a change in citizenship or residency, it may continue to be effective, subject to any specific requirements or limitations under the law.
It is important to consider the laws of the country where you are obtaining citizenship, as they may have different rules regarding the recognition and validity of powers of attorney. Some countries may not recognize a power of attorney granted by someone who is no longer a citizen or resident.
To ensure clarity, it is advisable to consult with a lawyer in both your current country of residence and the country where you are obtaining citizenship. They can review the specific details of your POA and provide guidance on its implications after your status change. If necessary, they can recommend options such as revoking the existing POA and executing a new one under the laws of your new country of citizenship.
Thank you.
Helpful
Helpful
Share
Read Related Answers
Remove wifes name from share certificate & sale deed of property due to dispute
Dear Client,
Your wife need to execute a relinquishment deed or gift deed in your favor to remove her name from the sale deed. If she denies it, you can file a suit for declaration before the civil co...
Forcefully shifting PG
Dear Client,
A dispute between a tenant/PG and landlord/Building owner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal...
Land purchase from Scheduled caste belonging person
Dear Sir,
Please take opinion from local senior civil Advocate and see that whether there was any clog period within which such land was not supposed to sell.
Land purchase from Scheduled caste belonging person
Dear Client
Here are your answers.
1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal not...
RTI
Dear Client,
In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
