Sale deed through attorney

Satya nand aggarwal (Querist) 30 May 2014 This query is : Resolved
one person A is the general attorney of his sister and want to execute the sale deed of her property in his own name. My query is whether the sale deed can be executed in his own name as attorney of his sister.If yes the seller will sign as a purchaser also.
Secondly if sale deed is not possible then relinquishment deed can be executed on the basis of POA.

Follow Query

Report Abuse

prabhakar singh (Expert) 31 May 2014
Is POA registered and sale rights are conferred upon?

Satya nand aggarwal (Querist) 31 May 2014
Poa is duly registered with all power of sales.

prabhakar singh (Expert) 31 May 2014
Then possible but as the relation is nearer fraud can be successfully pleaded by the sister.

Rajendra K Goyal (Expert) 31 May 2014
Better sale deed / gift deed / relinquishment deed be signed and got registered by the owner (Sister)her self.

Sankaranarayanan (Expert) 31 May 2014
IF POA is registered then he can .what is the reason for giving POA to you

Satya nand aggarwal (Querist) 31 May 2014
My query is whether the person can sign as a vendor as well as vendee in case of sale deed.

Advocate Ravinder (Expert) 01 June 2014
Why do you go a long way. It is very expensive also. As per your idea it take total 16% (registered GPA6% + sale deed on your name 10%).

Instead of that your sister can gift registered relinquishment/gift deed. It costs only 1% of the market value.

You have not mentioned that whether your sister inherited the property along with you and it is her own property. in the first case she has to do relignquishment deed and in the second case she has to do gift deed.

Note--The above calculations are as per Andhra Pradesh (Now telangana)

Anirudh (Expert) 01 June 2014
The person holding a Registered POA with specific authority to sell the property, can sell the property as a vendor and purchase the property as a buyer. IT IS LEGALLY VALID.

Guest (Expert) 01 June 2014
Though it is very rare it is acceptable and well advised by Mr.Anirudh.

Satya nand aggarwal (Querist) 01 June 2014
Thanks Mr anirudh.
My point is Attorney can sign as a purchaser as well as seller.I am asking the legal position not a consequences.

prabhakar singh (Expert) 01 June 2014
Yes!A POA can sign the sale deed as vendor and as vendee as well.Law does not bar it.He would be treated vendor as POA of the owner and would accordingly sign on his/her behalf and would sign as vendee in his personal capacity as he is like any person.

T. Kalaiselvan, Advocate (Expert) 01 June 2014
Agreed with the experts opinions, there is nothing illegal about a POA agent selling the property to himself (as an agent of his principle to the prospective buyer, i.e., he himself), but why take such a long route?, instead your sister can execute a registered gift deed in your favor which would attract lesser stamp duty.

Raj Kumar Makkad (Expert) 01 June 2014
I do favour the way told by expert T. Kaliselvan but the accurate reply of your query has been offered by Mr. singh, to which I do endorse.

Satya nand aggarwal (Querist) 02 June 2014
In punjab there is no stamp duty if property is transferred to legal heir including blood relation.
Thanks to all . Special thanks to Prabhakar Singh,kalaisevan and raj kumar . My query is complete.