Power of Attorney by Karta of HUF

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 December 2009 I would like to know whether a Karta of HUF can give general power of attorney to an adult member/co-parceners of HUF.

CA SURENDRA KUMAR RAKHECHA

CA SURENDRA KUMAR RAKHECHA (Expert)
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16 December 2009 If he is unable to act as Karta due to old age or illness or not residing in the place where the properties/business are situated; he can give general power of attorney to an adult member/co-parcener.

Querist : Anonymous

Querist : Anonymous (Querist)

22 February 2010 Due to some legal complications, he cannot operate/look after business firm of HUF. Can other adult member of HUF can be given POA.

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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10 August 2024 Yes, a Karta of a Hindu Undivided Family (HUF) can give a Power of Attorney (PoA) to an adult member or coparcener of the HUF. Here’s a detailed overview:

### **Power of Attorney by Karta of HUF**

1. **Authority of Karta:**
- The Karta of an HUF has the authority to manage the family's business and property. This includes delegating powers through a PoA if needed.

2. **General Power of Attorney (GPoA):**
- **Definition:** A General PoA allows the agent to handle a wide range of actions on behalf of the principal.
- **Use Case:** If the Karta is unable to manage the affairs of the HUF due to legal complications or other reasons, a GPoA can be issued to an adult member or coparcener to handle the business or property management.

3. **Issuance Process:**
- **Drafting the PoA:** The PoA should be drafted clearly stating the powers being delegated and the scope of authority.
- **Signatures and Notarization:** The Karta must sign the PoA. It should be notarized to ensure it is legally valid. Depending on jurisdiction, the notarization requirements might vary.
- **Registration (if necessary):** In some cases, especially if the PoA pertains to immovable property transactions, registration of the PoA may be required under the Registration Act, 1908.

4. **Legal Validity:**
- The PoA issued by the Karta to an adult member or coparcener will be legally valid, provided it is executed properly and adheres to legal formalities.

5. **Revocation:**
- The Karta can revoke the PoA at any time as long as they are competent to do so. The revocation should be formal and documented to ensure that the PoA is no longer in effect.

### **Sample Clauses for PoA:**

- **Preamble:**
"This Power of Attorney is made on [Date] by [Karta’s Name], the Karta of [Name of HUF], having its registered office at [Address]."

- **Grant of Authority:**
"I, [Karta’s Name], hereby appoint [Agent’s Name], an adult member of the HUF, residing at [Address], as my true and lawful attorney to act on behalf of the HUF in all matters related to [Specify Powers]."

- **Scope of Authority:**
"The powers granted include but are not limited to managing business operations, signing contracts, representing the HUF before authorities, and handling all related transactions."

- **Signatures and Notarization:**
"Signed by [Karta’s Name] in the presence of [Witness Names], and notarized on [Date]."

### **In Summary:**

- **Yes, the Karta can issue a PoA to an adult member or coparcener.**
- **Ensure that the PoA is properly drafted, signed, and notarized.**
- **Check if registration of the PoA is required for specific transactions.**

This approach helps in delegating responsibilities and managing the HUF’s business efficiently in cases where the Karta is incapacitated or otherwise unable to perform their duties.