Unregistered power of attorney to blood relative

Jovita Dsouza (Querist) 27 March 2013 This query is : Resolved
Can unregistered special power of attorney executed in favour of a father by a son , duly notarised for the sale/transfer of an immovable property be considered a a valid document ? Will the Sale deed created based on such power attorney be considered as valid ? If there is legal provisions/judgements in this regard ?

The son is currently in the US for employment purposes. If the sale deed is not valid , is there a way to cure/ correct this ?

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Adv k . mahesh (Expert) 27 March 2013
if it is notarized there may be some legal problems in future
so the power of attorney registered then there will be no problem

Jovita Dsouza (Querist) 27 March 2013
What legal problems are you referring to ? Can you be more specific ?
Since, the principal is not in India now , how can the notarised POA be registered ?

adv. rajeev ( rajoo ) (Expert) 27 March 2013
in view of the recent supreme court decision power of attorney for sale should be regd.,

Jovita Dsouza (Querist) 27 March 2013
Can u give the reference of the Supreme court judgement and does it refer to POA given to relatives specifically

Devajyoti Barman (Expert) 27 March 2013
Sooraj Lamp case.

ajay sethi (Expert) 27 March 2013
power of attorney for sale of property is required to be registered . in present case it is not regd . hence Sub registrar wont accept any sale deed executed by power of attorney holder for registration

Raj Kumar Makkad (Expert) 30 March 2013
POA should be registered for the transfer of immovable properties.

...Suraj lamp company versus State of Haryana

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