Legal Question in Banking Law in India

Can a power of attorney and the proprietor himself operate current account under either or survivor basis?


Asked on 10/08/10, 6:56 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

no, either or survivor does not apply in case of principal and attorney. A Power of Atty becomes null and void after the death of principal.

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Answered on 10/08/10, 7:59 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is not possible. the poa can operate in the absence of proprietor. in this situation, it becomes a partnership account and ceases to be proprietorship

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Answered on 10/08/10, 11:30 am
J. Radhakrishnan independent Practice

Power of attorney holder and the principal can operate the account while both of them are alive subject to such mandate being registered by Bank. It cannot be operated by the poa holder after the principal's death. No question of either or survivor. But without power of attorney if the account is opened in the individual names of the principal and his agent without saying that one is the principal and the other is agent, it can be operated on either or survivor basis.

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Answered on 10/08/10, 9:44 pm


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