Power of attorney on behalf of co-owner

[Anonymous]

A property is jointly owned by two brothers. One brother has given power of attorney for himself but the second brother refused to give POA. Upon this, the first brother is willing to give power of attorney on behalf of his brother also which means on behalf of the co-owner of the property also. Will such POA given by co-owner be valid under legal provisions?

[Dr. Ashok Dhamija]

Power of attorney issued by one brother on behalf of his brother (who is co-owner of the property) would not be valid under law. Since the property is co-owned by two brothers, each brother can give power of attorney in respect of his own share in the property. It is not possible for a person to give a power of attorney in respect of a property or in respect of share in property which he does not own and for which he is not authorised under law.

     

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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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