sagar shinde (student) 06 September 2012

About power of attorny

Q. If person A sales a flat/bunglow to person B. But property has not been transferred yet on person B's name due to some pending Govt. rules. Now, for security, person B takes power of Attory from person A for the said Flat /bunglow. In power of attorny, person A declares that he has no right on the flat and person B has whole and sole owner.

a) Now what will happen in case person B dies. Will the power of attorny be transferred automatically to the person B's children?

b) How much valid is Power of Attorny? Can person A change is mind after few years and claim the flat again. ? The big problem is house tranfer is pending as house has some additional construction and corporation has yet to take a decision on such homes.

c) Will the children of person B will be owner automatically ?

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2 Replies

Bhawani Mahapatra (Law Officer) 06 September 2012

Mr. Shinde

A PoA is not a title document, nor a title can pass through a PoA. Better you should go through the judgement dt. 11.10.2012 passed by the Honb'le Supreme Court of India in SLP No. 13917/2009 in Suraj lamp & Industries Vrs. State of Haryana.

sagar shinde (student) 06 September 2012

So, what is the full proof legal way that one can go for buying a resale property. How to make sure that the real owner won't turn up and says that its his property? Considering the fact that property cant be transferred through corporation as property has some illegal construction, and for illegal constructions corporation has stayed tranfer of property.

Can any one suggest what kind of document to be made? Like any affidavit by original owner or any other thing which will be best proof to submit later on for the buyer to claim that the said property was purchased by him.

Thanking you

regards

sagar shinde