Can Power of Attorney give property on rent?

[Anonymous]

The owner of a house has given the power of attorney to his brother. The owner now is a non-resident Indian and he mostly resides in Singapore. In such situation, is the power of attorney holder (brother) sign the leave and licence agreement to give that house on rent? Should I accept his signature as power of attorney holder on such agreement (I would be the tenant)?

[Dr. Ashok Dhamija]

It actually depends on the contents of the power of attorney. If it is a general power of attorney in respect of that property, then the POA holder is legally empowered to sign the leave and licence agreement to give the property on rent.

If the power of attorney is only for some specific purpose, then one has to see whether such specific purpose includes giving of such property on leave and licence basis. For example, if a specific power of attorney is given only for the purpose of selling the property (house), then the POA holder may not have the authority to give that house on leave and licence basis since his authority is limited only to sell the property.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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