Can property could be sold on the basis of registered power of attorny?

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
my father property is his on name but his power of attorney is his brother name, i want to know can my uncle sell my father property on the basis of POA, if no, as per supreme court judgement then in what condition he can sell, whether POA is required to registered then it could be sale easily or not.. can my father appoint me as his attorney in his bother place, what its procedure pls clarify whole query.............thanks in advance( property is in mumbai Dist.thane)

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Nadeem Qureshi (Expert) 16 December 2011
you father is alive or dead? if alive then revoke the POA,

ajay sethi (Expert) 16 December 2011
1)your uncle cans ell your father property as his power of attorney holder provided the power of attorney is registered .

2) your father can revoke power of attorney granted to his brother and appoint you as power of attorney . please note that registration is must

3) if your father is in mumbai only he can sell the property directly why he needs power of attorney holder?

Querist : Anonymous (Querist) 16 December 2011
my father is alive and he would not like to sale but want to keep safe therefore can he create one more power of attorney instead of other in the name of his brother

Querist : Anonymous (Querist) 16 December 2011
ajay sir, can my uncle sell my father property after registering POA, and can he go self for registering POA or required my father to visit registerar office for registeration.

Raj Kumar Makkad (Expert) 16 December 2011
This is very easy process. if your father wants to keep his property safe and wants to cancel POA given in favour of his brother then he has to just register a Cancellation deed of his POA given in favour of his brother and thereafter he has to give his brother a notice about the cancellation of POA with effect from such and such date and shall have to tel him not to use his POA furthermore and a public notice should also be circulated by your father in paper so that no person may do any agreement/dealing with his brother on his behalf by way of alleged POA which has been cancelled on dated such and such.

If your father wants to replace his brother with you then also he can cancel earlier and appoint you POA in the same registered deed and notice of the same should be given to your uncle as well as in paper.

Sailesh Kumar Shah (Expert) 18 December 2011
Rightly Guided by Mr.Makkad. I completely agree with his views.

Advocate. Arunagiri (Expert) 18 December 2011
I fully agree with Mr.Makkad.

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