Anonymous
Asked November 05, 2016

Power of attorney

  • 6 Answers
  • 1189 Views

My husband died on this 24 August t 2016, there is an urgent need to change the power of attorney.. I want to know the full legal procedure of changing the power of attorney. Kindly guide me what is the proper procedure??

Answers 6

Firstly there are 3 kinds of POA {Power of Attorney}

I. General Power of Attorney: A general power of attorney is one by which an instrument is executed by the principal authorizing the agent to do certain acts in general on his behalf. The word ‘General’ here means that the power must be general regarding the subject matter and not general with regard to powers in respect of a subject matter.

II. Special Power of Attorney: A special power of attorney is one by which a person is appointed by the principal to do some specified act or acts. In this type of power of attorney, an agent conferred with a power to do specific act in a single or specified transactions in the name of the principal.

III. Durable Power of Attorney: A Power of Attorney which specifically says otherwise, agent’s power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal, then only it can be called a durable power of attorney.

If you had assigned a POW in your husband’s name and now want to authorise someone elseto act as a power of attorney on your behalf, it must be signed and notarized by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney. You will need to show your ID to the notary advocate before he/she is able to certify and issue the document. It must be executed and authenticated by the registrar or sub-registrar of assurances as per the ‘Registration Act, 1908’.

However you want to revoke a POW of someone else, then the same can be revoked at any time by the principal or donor by giving a written notice to the agent, unless it is for a particular fixed period.

 

Agree Comment 0 Agrees almost 5 years ago

if your husband given power of attorny and he is no more then the power of attorny comes to an end automatically however you can issue a legal notice  of his death to the power of attorney holder that your husband is dead and also issue a newspaper advertisement that your husband is expired and that the power of attorney executed by him is revoked due to his death and not to deal with the said power of attorny holder.

Agree Comment 0 Agrees almost 5 years ago

You have not mentioned as to who was the principal executant or who is the attorney.  However, as stated by Shireen Shukula you may appoint any other person as your attorney and in power of attorney document give details of authorities you want to assign.  In case you do not want to authorise for sale of the property, you may designate such authority. 

Agree Comment 0 Agrees almost 5 years ago

Ans by Shiren shukla is correct. But why you feel urgent need of Power of Attorney. what is urgency to give power of attorney. It is always suggested not to give power of Attorney except to very near and dear ones. The person whom you intend to give power of Attorney, he can do acts on your beahlf as if you have done these acts and you will be responsible for all acts done by him.  

Agree Comment 0 Agrees almost 5 years ago

Ma’am the relation between a donor of the Power of Attorney and the person in whose favour

it is made is a relation similar in nature to that of principal and agent. It is an established

under Section 201 of the Indian Contract Act 1872, that any contract of agency is

terminated with the death of the principal. Therefore, the contract of power of attorney has

ended with the death of your husband.

Further, appointment of a Power of Attorney is a very easy process. A power of attorney is

not compulsorily registrable unless it creates an interest in any immovable property i.e.

charge in favour of donee. Registration of power of attorney is optional In India, where the

‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a

Sub-Registrar only, otherwise it must be properly notarized by the notary especially where

in case power to sell land is granted to the agent. If a power of attorney is in respect of an

immovable property of value more than Rs100 it must be registered. Registration of power of

attorney authenticates the deed of power of attorney.

Agree Comment 0 Agrees almost 5 years ago

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Anonymous

There is an urgency for selling purpose.. I already told u tht this is my husband property, its a Builder flat & he had power of attorney of his own property now he was died & I want to move on Calcutta.. Only for tht reason I told u my urgency.. Hope u understand my problem.. 

Agree Comment 0 Agrees almost 5 years ago

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