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Power of Attorney QuestionConsidering a case whereas A person (Mr. X) who has purchased...

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amitpalace | eNotes Newbie

Posted November 10, 2008 at 2:05 AM via web

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Power of Attorney Question

Considering a case whereas A person (Mr. X) who has purchased a shop/property from a seller (Mr. Y) five years before.

Purchaser has paid all the money to seller and has written Sale Agreement and a Will (Registered) in the Purchaser name.

At that time Seller (Mr. Y) has given GPA (General Power of Attorney) to another person (Mr. Z) who is well known to Mr X ...the purchaser.

Now purchaser wants to change the GPA or would like to do registry which is in favor of (Mr. Z) to his own name or family member name.

Can he do that without asking or conveying to Mr. Z as Mr. Z relation is no more with Mr. X .. the purchaser.

Note: There are three documents
1. GPA from Seller to Mr. Z.
2. Will by Seller to the Purchaser, in favor of Mr. X (Purchaser)
3. Sale Agreement by Seller to Purchaser.

3 Answers | Add Yours

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mom2tristan | Middle School Teacher | (Level 1) Adjunct Educator

Posted November 14, 2008 at 3:28 PM (Answer #2)

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If I understand your question, you want to know if the person who purchased the property 5 years prior can change a power of attorney relationship that the seller created with a third party at the time of the sale? 

The short answer is no, you can not change a power of attorney that you did not assign without a court order, and in order to get a court order you would need to notify all involved parties and appear before a judge for a hearing, at which time you would have to prove you had cause to force the change. 

 I also don't know why one would need to take such action.  If the buyer has a legal bill of sale, what the seller has done since that time is no longer relevant.  The buyer owns the property and has paid for it in full.  The deal is, as they say, done.

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amitpalace | eNotes Newbie

Posted November 14, 2008 at 3:28 PM (Answer #3)

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Thanks mom2tristan.. 

I understand buyer cannot change the Power or Attorney, as it was assigned by Seller to third party.

Another point Bill of sale/ Sale Agreement is not registered. Will and Power of Attorney is registered with Registrar.

My question now here is, can third party in whose name POA is, can sell that property. If yes, what are the measures buyer should do so as to avoid this.

Another question can seller directly do the registry and revoke that previous POA which he allocated to Mr. Z.

Your early reply will be highly appreciated.

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litteacher8 | Middle School Teacher | (Level 1) Distinguished Educator

Posted February 20, 2011 at 11:51 AM (Answer #4)

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I agree with number 2 that this is an odd arrangement.  It never should have been entered into in the first place, and I think there is something illegal going on.  That being assumed, the answer is likey yes.  I also think you should remember that enotes is not the place to go for legal advice.  If this is a hypothetical question, that's ok.  But be wary or relying on legal advice that does not come from a lawyer that you hired.

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