Aop rights to execute sale deed

Ritesh Chakravarty (Querist) 07 October 2020 This query is : Resolved
Does a notarized AOP have the right to sell property and receive payment

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This discussion clarifies whether a notarised Association of Persons (AOP) has the legal right to sell property and receive payments. The consensus is that a sale deed requires compulsory registration, and a Power of Attorney (PoA) must also be registered to execute it. A notarised PoA holder alone lacks the legal standing to execute or register a sale deed. The situation involves land owners granting a registered PoA to two brothers, who then formed a notarised AOP for RERA registration to sell project units and receive sale consideration.

Advocate Bhartesh goyal (Expert) 08 October 2020
No, sale deed is required compulsorily registration and for registration of sale deed power of attorney is also required to be registered.Notarized power of attorney holder has no legal right to execute and get registered sale deed.

Rajendra K Goyal (Expert) 08 October 2020
What is AOP, please?

P. Venu (Expert) 08 October 2020
Yes, the facts posted lack clarity.

Ritesh Chakravarty (Querist) 08 October 2020
The AOP in question here is the ASSOCIATION OF PERSONS that one of the builders have executed to execute sale deed and rcve sale consideration.
Detail : There are 7 land owners ( brother and sisters ) who have jointly given a Registered Power of Attorney to Two Brothers. Subsequently the two brothers have formed an AOP which is notarized, and got the same submitted to RERA for the selling the project units and executing the sale deeds and recving the sale consideration in the account of AOP itself.

Hope this clarifies the entire situation. Please suggest now.

Thanks

Isaac Gabriel (Expert) 09 October 2020
In otherwords,these individuals have obtained power of attorney and conducting the business of purchase and sales like real estates dealers.

Dr J C Vashista (Expert) 09 October 2020
What is the purpose of complicating the PoA ? It should have authorised any one of 7 titleholders.

Dr J C Vashista (Expert) 09 October 2020
PoA has to be compulsorily registered for execution of sale deed on behalf of all 7 persons.

Rajendra K Goyal (Expert) 09 October 2020
Contents of all the documents (all POA, AOP, RERA registration etc) has to be scrutinized by your lawyer regarding legality,validity and application.

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