sale of property on the basis of non regd. power of attorney
jach000019
(Querist) 30 June 2011
This query is : Resolved
IN AHMEDABAD CAN I BUY THE PROPERTY ON THE BASIS OF NON REGD. BUT NOTARIZED POWER OF ATTORNEY OF 2008 .
(1) IN 2008 ONE DUBAI BASED 80 YEARS OLD LADY WHO HAS 3 SONS EXECUTED THE NOTARIZED POWER OF ATTORNEY IN THE FAVOUR OF HIS ONE OF DUBAI BASED SON FOR SELLING OF HER AHMEDABAD BASED PROPERTY HER OTHER SON ARE ALSO LIVING IN DUBAI SO NOW CAN I BUY THAT PROPERTY ON THE BASIS OF POA FROM HIS SON AND ISSUE THE CONSIDERATION AMOUNT OF PROPERTY IN FAVOUR OF THE LADY?
(2) WILL THE REGISTRAR WILL TRANSFER THE PROPERTY ON THE BASIS OF THE NON REGD. POWER OF ATTORNEY ?
(3) WHAT PRECAUTION I WILL TAKE WHILE BUYING THIS PROPERTY ?
MR. BHAGWAT PATIL SIR, POWERS RELATED WITH THE PROPERTY DULY GIVEN TO THE ATTORNEY AND THE POA IS NOTARIZED EXCEPT IT WHAT ELSE HASTO CHECK ABOUT THE AUTHENTICITY MOREOVER THE QUESTION IS
(1) NON REGD. POA FOR SELLING THE PROPERTY IS VALID OR NOT ?
(2) IF IT IS NOT VALID THAN WILL THE REGISTRAR WILL REFUSE TO TRANSFER THE PROPERTY ON THE BASIS OF NON REGD. PAO ?
(3) IF NON REGD. POA IS VALID IN BLOOD RELATION THAN AGIAN IT WAS EXECUTED IN THE YEAR 2008 SO POA SO OLD IS VALID OR IT SHOULB BE MAXIMUM 3 MONTHS OLD ?
(4) IN FUTURE AFTER BUYING OF THE PROPERTY ON THE BASIS OF THIS POA CAN THE OBJECTION CAN BE RAISED BY HIS MOTHER (WHO HAS EXECUTED THE POA) OR BY HIS OTHER BROTHERS ?
prabhakar singh
(Expert) 30 June 2011
''SO NOW CAN I BUY THAT PROPERTY ON THE BASIS OF POA FROM HIS SON AND ISSUE THE CONSIDERATION AMOUNT OF PROPERTY IN FAVOUR OF THE LADY? ''
NO,is ans.
(2) WILL THE REGISTRAR WILL TRANSFER THE PROPERTY ON THE BASIS OF THE NON REGD. POWER OF ATTORNEY ?
YES,BUT THAT TRANSFER shall NOT PASS ON ANY TITLE TO YOU.
TRANSFER shall BE null and void.
(3) WHAT PRECAUTION I WILL TAKE WHILE BUYING THIS PROPERTY ?
VERIFY TITLE OF OLD LADY IN THE PROPERTY .
AND THAT PROPERTY IS FREE OF ALL CHARGES
ASK FOR REGD.POWER OF ATTORNEY OR A FRESH POWER OF ATTORNEY EXECUTED FROM DUBAI
BY OLD LADY AT INDIAN EMBASSY.
(4) IN FUTURE AFTER BUYING OF THE PROPERTY ON THE BASIS OF THIS POA CAN THE OBJECTION CAN BE RAISED BY HIS MOTHER (WHO HAS EXECUTED THE POA) OR BY HIS OTHER BROTHERS ?
YES.
