Legal Question in Wills and Trusts in India

Mortgages

whether a person having power of attorny without consideration can mortgage the property of executor


Asked on 9/07/08, 10:28 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Mortgages

Yes, he can. The PoA holder acts on behalf of his principal. The PoA is not required to be 'for consideration'. The object of PoA is to facilitate the owner to do certain things through an agent. PoA holder is an agent of the executor and is competent to do all such acts on his behalf as are mentioned in the document of PoA.

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Answered on 9/07/08, 11:55 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Mortgages

Yes

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Answered on 9/12/08, 6:17 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Mortgages

if there is power to mortgage conferred by such POA it can be used to mortgage the same

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Answered on 9/14/08, 2:10 pm


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