Poa for the seller
vrushalirr
(Querist) 20 March 2013
This query is : Resolved
We are buying a property which is registered under 2 names 1) WIfe 2)Husband in this order. Now the husband no 2 above is overseas and has made a POA in his sisters name. To register this sale we are told that the wife will be coming in for teh registartion however since the husband has POA done for his sister she will represent him at the time of registring the sale.
Will this be a valid sale if the above is done asis the 2011 rulingb?
The POA states the husband gives full rights to the sister to execute sale , rent etc.
Awaiting a response.
Anirudh
(Expert) 20 March 2013
If the POA in favour of the sister is a REGISTERED One and clearly gives a power to her to sell the husbands share in the property, THEN AND ONLY THEN YOU CAN GO AHEAD. OTHERWISE NOT.
Devajyoti Barman
(Expert) 20 March 2013
Yes, this would be a valid POA if registered.
Adv k . mahesh
(Expert) 20 March 2013
yes if the POA is registered then no problem but once check with the registrar office with the document number and also its validity
Ajeet
(Expert) 20 March 2013
for extra precaution confirmation letter may be taken from donor that he confirm the action of sale through POA holder and said POA was valid and enforceable at the time of execution of sale.
vrushalirr
(Querist) 20 March 2013
Thanks a ton for the replies. Yes the POA states that the sale of the property can be done by the sister. It has been registered and has been done only in Jan thsi year. We were planning to ask the owner to give a NOC stating he is aware that his sister is executing the sale and notorise that.
