How to Make a Power of Attorney
My grandparents are dead.my father is also no more. I have 3 paternal aunts and we are 3 siblings and our mother.now my aunts want to sell off their portion.All 7 people's names are there on that land.I am leaving India this month and in no position to visit my hometown in Assam.I am currently in Bangalore.So can I get a Power of Attorney to my mother to sign the paper instead of me.If so what details do I need to make this POA and how do I do it.
You just have to visit a local lawyer in ur area, specify the details to him and get a 'general Power of Attorney' in favour of your mother. what you need to mention in th POA is the reason why you giving the power and the purpose for which the power is given.
Answered by Madhavi Horo, Lawfarm Researcher:
It is a very common trend that people sometimes are not presence during signing of deed. So they have been given benefit of appointing a Power of Attorney to sign of their deed. In Suraj Lamp and Industries Pvt. Ltd. v State of Haryana and Anr, the Supreme Court has clearly mentioned that the Power of Attorney is not an means of transferring any right, title or interest with respect to an immovable property but it only is an authorized method to appoint an Attorney-holder and assign him/her to do specified acts on your behalf. Power of Attorney is not irrevocable unless it has been made irrevocable in nature known to law.
In your stated query you've mentioned that your aunt is selling off her property that means you are buying the property from her. In buying cases, you can appoint a Power of Attorney. Power of Attorney Yes, you can give Power of Attorney to your mother for signing off the document. There is no restriction as who can be appointed as an Attorney-holder. Power of Attorney is governed by the Power of Attorney Act, 1988 and Contract Act, 1872 so appointing of Power of Attorney should be done in accordance with the Acts.
I hope this answer helps you.
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