Power of attorney

This query is : Resolved 
 

(Querist)
18 October 2019

Can a Power of Attorney older sell a flat even though he's neither a relative of the flat owner nor is the POA registered but only notarised. I understand that only a blood relative can sell the flat and tat the POA has to be necessarily be a registered document.
Another query is whether a document sent by Speed Post is deemed to be a roper service in view of the fact that the service provides an on-line report of delivery status.

Darius Engineer


KISHAN DUTT RETD JUDGE (Expert)
18 October 2019

Dear Sir,
Properties cannot be transferred on the basis of POA in favour of non relative. Secondly the difference between speed post and registered post is as follows.
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https://keydifferences.com/difference-between-speed-post-and-registered-post.html
Difference Between Speed Post and Registered Post
The fundamental difference between, speed post and registered post is that the former is address specific while the latter is addressee-specific.
The major difference between a speed post and the registered post is that speed post is address-specific service, in essence, the delivery of the article can be taken by the addressee or any other person also, at the address, such as the family members of the addressee while registered post is addressee-specific, i.e. only the addressee is allowed to take the delivery of the article.

P. Venu (Expert)
19 October 2019

You have been posting many a query. What is the real issue.

K Rajasekharan (Expert)
19 October 2019

What you state in the first paragraph of the question is correct.

A power of attorney holder who is properly authorised by a title holder of a property can sell a flat or property to somebody else on behalf of the owner/title holder. As you say, for such a selling the power of attorney must be a registered one or the power of attorney holder must be a close relative. A non relative cannot sell a property based on an unregistered, notarised power of attorney.

However, in 2011 the Supreme Court’s three-judge bench presided over by Justice R. V. Raveendran in a landmark case said that property can be lawfully transferred only through registered sale deeds and ordered that selling of land using power of attorney so as to save stamp duty or to avoid sale procedures was unlawful.

Both are distinctly different matters.

Dr J C Vashista (Expert)
20 October 2019

1. Yes, the notarised PoA can sell the property.
2. Proof of service query has already been replied, repitition of same query is ridiculous and absurd.
3. However, if you are stiIl not satisfied with the obligation of experts it is advisable to engage and consult a local prudent lawyer for proper appreciation of facts/ documents, guidance and proceeding.
And if you are located in Delhi and feel so, may contact me (on appointiment) at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell# 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com



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