Power of attorney
Sanjeev Gupta
(Querist) 24 July 2019
This query is : Resolved
In the year 2004, Mrs. A executed General Power of attorney in favour of her husband citing that she owns certain properties and she herself being female and unable to do various acts and authorising attorney to sell property on her behalf. Interestingly, after four years of execution of GPA, a property was purchased in the name of Mrs. A and same was sold in the year 2012 by Mr. B on the strength of GPA executed in year 2004. The question is whether GPA executed in year 2004 for the purpose of managing/selling properties will hold good for property purchased at subsequent stage.? If not what remedies are available to person who had purchased property on the basis of said GPA.?
Guest
(Expert) 24 July 2019
If the Sale Transaction done by GPA is thro Concerned Registrar Office by Registration then the buyer need not worry
SHIRISH PAWAR, 7738990900
(Expert) 24 July 2019
There is absolutely no problem if the property is sold in 2012 on the basis of 2004 power of attorney.
kavksatyanarayana
(Expert) 24 July 2019
Ji, In my view, As the GPA was given in the year 2004. so as on that date in the year 2004, the properties laying on her name only the Agent can sale. The property purchased after execution of GPA, the Agent has no power to sell the property. If sold, not valid..
Dr J C Vashista
(Expert) 25 July 2019
During validity of PoA the husband (B) is competent to make transaction(s) if he is authorised for sale/purchase of property in the name of his wife (A), there is no illegality.
It would be advisable to consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Sanjeev Gupta
(Querist) 25 July 2019
Although POA is valid on date of sale and sale was registered through concerned sub registrar but avertment in POA is like that unable to manage properties and as such appointing attorney to sell as well as do other actions without any mention to purchase or to sell the property to be purchased in future.
Therefore the main question is whether sale made by attorney in respect of property purchased after the date of POA will be valid keeping in view above circumstances.
Sanjeev Gupta
(Querist) 25 July 2019
Although POA is valid on date of sale and sale was registered through concerned sub registrar but avertment in POA is like that unable to manage properties and as such appointing attorney to sell as well as do other actions without any mention to purchase or to sell the property to be purchased in future.
Therefore the main question is whether sale made by attorney in respect of property purchased after the date of POA will be valid keeping in view above circumstances.
Sanjeev Gupta
(Querist) 25 July 2019
Although POA is valid on date of sale and sale was registered through concerned sub registrar but avertment in POA is like that unable to manage properties and as such appointing attorney to sell as well as do other actions without any mention to purchase or to sell the property to be purchased in future. Therefore the main question is whether sale made by attorney in respect of property purchased after the date of POA will be valid keeping in view above circumstances.
Guest
(Expert) 25 July 2019
Just Follow the advise of Dr.J.C. Vashista. Consult and Clarify with a local good Advocate with all the document copies
kavksatyanarayana
(Expert) 25 July 2019
Ji, after giving GPA in the year 2004, Mrs.A purchased a property and this property is not included in GPA. Hence it cannot be sold by the Agent and in my view not valid.
Dr J C Vashista
(Expert) 26 July 2019
During life time of executor subject PoA is valid, if it is not cancelled and in vogue.
As already advised, it would be better to consult a local prudent lawyer with relevant documents for appreciation of facts, analyse, form an opinion, guide and proceed as required.
