Can an unregistered power of attorney be used for lease?
Amandeep Singh
(Querist) 28 September 2009
This query is : Resolved
Sir
My father under influence signed a stamp paper he thinks so. Can that stamp paper be converted to a POA without any legal formality or without his photo on that paper in sub registrar office by that person and can an unregistered POA be used for leasing residential house property or sale of such property in any manner?
joyce
(Expert) 28 September 2009
If you have doubt that, stamper is signed by your father, then issue papper publication that some of the stamp papers are missing, that will b the record for u as a defence if any legal action acrosses your way.
Power of attorney is drafted by an advocate and is signed by both the parties along with the wittness, date n time, notry public will affirm it by their seal n signature, if at all it is to be registered...Iam curious to know the answer from other experts...as well
Raj Kumar Makkad
(Expert) 28 September 2009
No. unregistered power of attorney cannot be used to lease out or sale the residential house property. It requires registration as per registration act for this purpose. Immediately publish in the news-paper and inform registrar of the area under which the aforesaid property situates that no any power of attorney was ever given by your father in favour of any person including he (name, father's name and complete address of that person)and the same might have been precured falsely and further that it stands cancelled and everyone is made aware that any one making any deal qua house no. so and so situated at so and so belongs to me ( your father)and i have neitehr leased it or sold it in favour of any person and if any person makes any deal on the basis of fradulant POA, he shall personally liable for the consequences.
adv. rajeev ( rajoo )
(Expert) 29 September 2009
In ur question you have not said that in whose favour PA is executed. If it is executed in favour of other than blood relation then PA requires regn.,otherwise no.
If your father has got doubt then u go for public notice as learned member Joyce said.
Sarvesh Kumar Sharma Advocate
(Expert) 29 September 2009
what ever is not permitid is prohibited.that's why No, unregistered power of attorney cannot be used to lease out or sale the residential house property.
Sachin Bhatia
(Expert) 29 September 2009
No, an unregistered POA can not be used for leasing residential house property and not even in sale of such property in any manner.
