Power of attorney
Darius Engineer
(Querist) 02 February 2016
This query is : Resolved
I have been given the Power of attorney by mt aunt (mother's sister) to deal with her property including the sale of her flat and give the proceeds to her as she's old and not in perfect health. I went to the collector's office to register it where they informed me that this POA cannot be registered as I'm not a blood relation.
How do I solve this problem.
Darius Engineer
SURESH BV, Advocate
(Expert) 03 February 2016
In order to register the POA, you need to approach the Sub-Registrar's Office and not the Collector's Office. POA can also be given to non blood relatives. Approach the Sub-Registrar and if he refuses to register you can always approach the District Registrar.
Adv. Yogen Kakade 
(Expert) 03 February 2016
Rightly answered by Mr. Suresh. Even while execution and registration of the POA your aunt has to be present at the office of the sub-registrar of the location where the property is situated.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 03 February 2016
Well advised, agree with the experts.
Raj Kumar Makkad
(Expert) 07 February 2016
I have also the same reply to offer you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2016
The collector is right. Now property can not be registered by POA as per SC directions.
There are other ways to solve such problems, contact a local expert in the line dealing ins similar acts.
Anirudh
(Expert) 07 February 2016
I fully agree with Mr. Suresh, that the POA needs to be got registered with the Sub-Registrar's office.
There is no law (either enacted or judge made law ) which prohibits registration of such POAs.
Please approach the Sub-Registrar's office and get the POA Registered after following due formalities.
In case he refuses, as suggested by Mr. Suresh, approach the higher Authority concerned, through formal complaint in writing and await the answer. Depending upon the answer, you have to act further.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 February 2016
Please read what APEX COURT has to say in the matter.
We therefore reiterate that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance.
Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property.
The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property.
They cannot be recognized as deeds of title, except to the limited extent of section 53A of the TP Act. Such transactions cannot be relied upon or made the basis for mutations in Municipal or Revenue Records.
What is stated above will apply not only to deeds of conveyance in regard to freehold property but also to transfer of leasehold property. A lease can be validly transferred only under a registered Assignment of Lease.
It is time that an end is put to the pernicious practice of SA/GPA/WILL transactions known as GPA sales.
Anirudh
(Expert) 07 February 2016
I have not only read the APEX COURT decision, but more than that even understood the true import of the decision. That is why I have given my views.
Anirudh
(Expert) 07 February 2016
I have not only read the APEX COURT decision, but more than that even understood the true import of the decision. That is why I have given my views.
prabhakar singh
(Expert) 07 February 2016
In many states, there are such directives to subregistrar by G.o. of the state Govts.
If so, then unless G.o. gets quashed by concerned High Court,no relief by authority above subregistrar can come for help.Moreover power of District registrar vests in District Magistrates now.
Anirudh
(Expert) 08 February 2016
I fully agree with Mr. Prabhakar Singh. In case the authorities do not see reason and refuse to register the POA, then the affected party, if serious in getting the registration of POA, has to approach the High Court for the remedy.
