Purchase of property using power of attorney
postbox
(Querist) 28 August 2015
This query is : Resolved
The fact of the case are as follows:
1. This matter pertains to my property located in Ghaziabad (UP).
2. In 1993-94 my father was looking for a plot of land in Ghaziabad and happen to meet Mr.Yadav who was allotted a plot by GDA (Ghaziabad Development Authority).
3. My father paid Rs. 5000 as advance payment and a conveyance deed (bainama) was made and signed by Mr.Yadav and My father.
4. Mr.Yadav made a general power of attorney in the name of my mother. The general power of attorney gave all the poweres to manage the land in future. A sale deed was registered at the office of sub-registrar, GDA between my mother (PoA holder) and GDA ( and not Mr.Yadav). The stamp duty and free hold fee was deposited with GDA. My mother purchased the land from GDA as power of attorney holder of Mr.Yadav.
5. My father built a house on the plot in 1996 and our family started living. In 2004 my mother died and later my father also died in 2010.
5. Today my brother and my family is living in the same house and paying property tax, water tax every year to GDA.
7. After my parents death, I went to GDA for mutation of the land (property) in my and my brother's name but the authority refused and said I have no right over the land and Can't be mutated. They say your mother was only a power of attorney holder and after her death you can't inherit the property.
I want to know how I can become owner of this plot or sell this land (property).
Anirudh
(Expert) 28 August 2015
The GDA authorities are correct. Your mother was only a power of attorney holder and not the owner.
Therefore you cannot become the owner. You people can, at best, live in that house. That's all.
Kumar Doab
(Expert) 28 August 2015
The matter seems to be that POA was in the name of your mother and a registered sale deed (by POA) was also effected in the name of your mother.
Is it?
Is GDA now finding fault with registered sale deed?
You may show all documents on record to an able lawyer specializing in property/revenue/civil matters and well versed with local rules.
