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Joe Deelly

Posted 7 months ago

I am holding A general Power Of Attorney which was made by my brother on my behalf from the UAE and has now returned back due to sickness, and since his Passport has also been expired does the POA also expire with its date ? as there is not date notified on the given POA for expiry. Please help as my developers are not handing my rent due to the above reason. Awaiting your kind response. Mr. Joe
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A. No POA does not expire unless your brother revoke his POA. This revocation should be in writing, signed by him in front of a notary public, and delivered to the you and any third parties with whom you have been in contact. Your brother is required to issue a public notice through local newspapers, without which, the revocation shall stand void. If your POA was registered , then your brother need a registered deed of cancellation
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I have purchased a flat in Uttam Nagar Delhi in July 2013. The owner executed a notarised irrevokable General Power of Attorney and signed the Agreement to Sale and Purchase having a stamp duty of rs 50 on GPA and Rs 10 on Sale Agreement without going to sub registrar office since she was my relative I had not pressurised her to appear in front of sub registrar. Then in 2015 when I confronted her and told her that i want to sell the property and asked her for appearing in subregistrar office , she refused. After that my lawyer suggested me to sell the property without any fear. Then in 2015, I have registered the flat in the name of third party (my wife and my sister jointly) at subregistrar office. Then the third party rented the said flat for almost 1.5 years. Recently(in july 2018) what we have found is that the owner has locked our flat with their own lock over my lock. And when we have lodged a police compaint the owner is refusing to give us the possesion back and is saying that she has not executed any gpa in her wits since she is uneducated and saying that she has not signed knowingly. Now I want to know that how to get back the possession.
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A. As per the SC ruling, there can be no transfer of property through GPA, however there are provisions to correct the deficiency. You need to send a legal notice through a lawyer. If she refuses, you will have to take your recourse under specific relief act. To have a better understanding of your situation, approach a local lawyer from Vidhikarya with all documents in your custody.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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