Legal Question in Civil Litigation in India

Validity of power of attorney

what is the validity of the power of attorney given by a person to his brothers,who after giving the power of attorney subsequently took to drugs and as result has some mental problems.he is divorced and has a son.he is dependent on his brothers who taking the advantage of his mental problems are selling of his property without his consent.what is his son's legal right who lives away with his mother but willing to lookafter his father who is not properly taken care of by the brothers.his son has not recieved any part of the property.


Asked on 12/13/01, 8:28 am

2 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: Validity of power of attorney

The power of attorney remains valid until revoked, either by the Donee or by an order of the court.

In the circumstances stated by you, the proper course of action will be for the son to make an application before the Court, having jurisdiction in the matter, for grant of an order directing revocation of the power on the grounds of mental incapacity.

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Answered on 12/18/01, 1:58 am
Satish Maheshwari Vakilbabu

Re: Validity of power of attorney

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 12/13/01, 2:30 pm


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