Power of attorney
AMIT KUMAR SHARMA
(Querist) 04 February 2013
This query is : Resolved
Dear Sir,
I have purchased a property with agreement to sell and Power of Attorney.
Please help me is Power of Attorney valid in uttar pradesh whereas it is not registered. This simple Power of Attorney on 50/- Non Judicial Paper signed by Seller but Attorney is attested by Notary and entered in their registered.
Please help me soon.
thanks & regards,
amit
Adv.R.P.Chugh
(Expert) 04 February 2013
Notarisation is not registration and does not have any legal validity. Please understand Agreement to Sell is only an executory contract which gives a right to obtain another document i.e the sale deed in future and is not valid title in itself. GPA similarly is only an authorisation to do something vis-a-vis the property as an ageny. This may be irrevocable if coupled with interest.
Before 2011 October - these transactions were considered good enough titles, however post this they have no legal validity. Since your Agreement to Sell is unregistered you won't be able to protect your possession against even person who sold it, but you can try claiming GPA to be irrevocable.
If it was before 2011 October (Surya Lamps judgment) you can continue to enjoy the property.
AMIT KUMAR SHARMA
(Querist) 05 February 2013
If the GPA prior to October 2011 but not registered with registrar and entered in notary registered, can it be valid.
