Registered power of attorney in favour of wife.

salman khan (Querist) 08 July 2012 This query is : Resolved
Someone purchased the flat on his own name but he put Register POWER OF ATTORNEY in fovour of his wife name, whether wife can sell his property during during his alive or whether can sell after his death and please clarify how its possible with differents view.

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Guest (Expert) 08 July 2012
Dear Salman,

Where the agreement to sell has been executed in the name of buyer, knowing that the power of attorney is executed in the name of wife, the same does have covenants which enunciate the powers of transacting in respect of the property and as well execution of sale-deed/deed of conveyance in the name of purchaser or otherwise. Thus, wife can sell the property, if the power of attorney has covenants to the effect that wife can transact in respect of the property purchased. Wife, can sell the same even during life time as well.