what power of attorney do on agricultural land

What Responsibilities Will I Have?:

• Assist farmers in succession planning in order to help preserve farms for future generations
• Assist in zoning, land use cases and eminent domain issues
• Obtain licenses and permits that agricultural entities may need in order to operate
• Provide information to those in agriculture on labor and employment laws
• Provide guidance in regulatory compliance

Full Answer

What is a power of attorney in land transactions?

In land transactions, power of attorney is one of the most popular documents. It is a document of delegation. In it, an owner of a Right or Title to a land can transfer his rights to another to exercise. In most cases in Nigeria, the owner of the land is not usually the seller.

Can a power of attorney be used to sell a property?

The real owner of the land usually appoints his right to sell property to his agents, lawyers or estate managers. It is illegal for any agent to sell or transfer property without specific instruction allowing the agent to do so. Sales of land under an unauthorized power of attorney will be invalid.

How do I revoke a power of attorney for crop insurance?

The undersigned grantor shall provide separate written notice of revocation to the applicable crop insurance agent. This power of attorney shall not be effective until properly executed and served to a USDA Service Center.

What is general and special power of attorney?

A general power of attorney is one which covers all activities. An instrument is executed by the principal authorizing the agent to do certain acts in general on his behalf. Special Power of Attorney. This is when the power given to the appointed person by the principal to do some specified act.

How long is power of attorney valid in India?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

Can power of attorney sell property in India?

A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.

What is eminent domain in agriculture?

Across the country, family farms, ranches and agricultural businesses are threatened by eminent domain. Eminent domain is the power to take – or “condemn” – privately-owned property for a public purpose provided that “just compensation” is paid to the owner for the property taken.

How do I transfer power of attorney in India?

Procedure for Power of Attorney in IndiaDraft the Power of attorney whether special or general, by a documentation lawyer or through a website.Submit the power of attorney with the Sub-Registrar.Attach the supporting documents with the power of attorney.Attest the power of attorney before the Registrar.More items...•

Can power of attorney be Cancelled?

The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.

Can you sell a property with power of attorney?

To reiterate, with a power of attorney property can only be sold if the subject is incapable of making a decision - but the sale must be in the subject's interests.

What is the process of power of attorney?

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

What is the use of power of attorney?

A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you're no longer able to or if you no longer want to make your own decisions.

How much does it cost for power of attorney in India?

Generally, the stamp duty payable for a power of attorney is Rs 100. For registration , the fee payable is also Rs 100. For a general power of attorney given to promoters and developers, the stamp duty applicable is Rs 1000 and registration charges are Rs 100.

Can an attorney sell a property?

Provided there are no restrictions within the lasting power of attorney (LPA) or enduring power of attorney (EPA) you can usually do the following: Sell property (at market value) Buy property. Maintain and repair their home.

Can a power of attorney holder execute a sale deed?

If the deed of power of attorney grants power to sell the property of the principal and to execute and register necessary documents in that regard, such a sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).

Does power of attorney means ownership of property?

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench had said. As a result of the order, a majority of states banned the use of PoA in property transactions but it is still being rampantly used by conmen to cheat credulous buyers.

Can GPA holder sell the property?

Can a registered GPA holder sell a property? No. Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on the owner's behalf. Even the latest judgement by the Supreme Court of India categorically invalidates the sale of a property through GPA.

Sale of agricultural land through power of attorney

Hello, In my family, we have widow grandmother (mother's mother), my widow mother and we two brothers with wives. We have ancestral agricultural land in UP on name of grandmother. There is a power of attorney as well as deed for my mother and there are two witnesses in both of options, which was signed more than 10 years back.

8 Answers

1.The witnesses signed in any deed or POA is not required in subsequent deeds.

What is a P.O.A.?

One of the reasons we see so many cases in court with respect to Land Disputes can be traced to this very Powerful but dangerous Document called a Power of Attorney or P.O.A. A Power of Attorney is a written document given by Party A to Party B to carry out certain functions on behalf of that Party A within a specified period. Such functions and powers granted to Party B may include the power to sell, manage, buy, transfer, engage, refuse and administer the Property or Land of Party A till the expiration of the Power of Attorney .

How did a lady lawyer use a power of attorney?

Recently an Unpleasant story broke out in the news how a Lady Lawyer used an Old Power of Attorney to defraud hundreds of people by illegally selling the lands that belong to the Jokotade Family at Sangotedo Ajah. Despite the expiration of the Power of Attorney, she continued to effect transaction on behalf of some members of that Jokotade family to sell their lands and raking in Billions without remitting the money to the owners and after so many atrocities were discovered, the Family decided to take stock of the lands that they sold personally and those that the lady lawyer fraudulently used their expired Power of Attorney to sell and it put hundreds of Land owners in Jeopardy because the Family accosted these Land owners to pay another set of money running into Millions of Naira for illegally occupying their lands.

What is a power of attorney?

1. A power of attorney is a bad title that should not be given to you without a better title such as a deed of assignment, Certificate of Occupancy, Gazette or Governor's Consent . If the Seller is relying on only the Power of Attorney as its only title, please just walk away. 2.

Who is Matthew Ottah?

Barrister Matthew Ottah helps Nigerians avoid being scam med in real estate deals . He once lost a large sum of money to land fraudsters 'Omoniles' when he was still naive about land matters. Now, he's out on a personal vengeful mission to expose Land scam artists in the Nigerian real estate sector and protect your hard earned money.