• Urgent Advice Needed on Expiration of POA

Hi,

I have recently bought a house with HDFC providing the home loan.
I am a NRI based in SA and had given my mother in India a POA to act on my behalf. This was submitted to HDFC in Nov 2013

I now need to avail of the loan from the bank, however, they came back to me saying that the Power of Attorney has expired and that I would need to go through this process again.

As per my understanding (and I may be completely wrong), the POA does not expire till either of the party's death or revocation of the POA.

Am I missing something here?
Asked 10 years ago in Property Law

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6 Answers

you are correct . POA continues until it is revoked or on death of holder of POA

Ajay Sethi
Advocate, Mumbai
97517 Answers
7882 Consultations

The POA can not expire until and unless both the principal and the agent live.

However since the bank has raised a objection, ask it the actual reason.

Devajyoti Barman
Advocate, Kolkata
23333 Answers
522 Consultations

yes, you are right.Find out why the bank says so.

S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

You are right. POA terminates only if it is revoked or the holder dies.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

you can use the same draft of POA . get it signed and duly attested before indian consulate again

Ajay Sethi
Advocate, Mumbai
97517 Answers
7882 Consultations

The original draft may suffice. Get it vetted by your lawyer.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

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