Old power of attorney
Swapnil
(Querist) 09 August 2017
This query is : Resolved
My father bought a property in a co-operative housing society in 1993. But due to some reasons the registration was not done due to some opposition from the society.
As a way out the owner made a registered power of attorney for the said property in my uncle`s name mentioning that he can transfer the property only in my Dad`s name.
Now the society is ready to issue NOC for registration.
My query
Is the power of attorney still valid ?
Do we need the previous owner at the time of registration?
Only NOC and Power of attorney would make the registration happen?
Stamp duty would be according to old price or new government rates?
Would be Waiting for your advice (s)
Please let me know for any further info required
Ms.Usha Kapoor
(Expert) 09 August 2017
Power of Attorney is r valid as the principl is still has not revoked it and alive.
At the time of Registration your father(original owner) presence is enough as he is still alive
Power of attorney and NOC would make the Registration happen.
Stamp duty is payable according to present circle rate of Government.Please check with Registration Department.
Ms.Usha Kapoor
(Expert) 09 August 2017
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Rajendra K Goyal
(Expert) 09 August 2017
You asked:
Is the power of attorney still valid ?
Reply:
Yes, if not revoked and the principal is alive on date.
You asked:
Do we need the previous owner at the time of registration?
Reply:
Not required, but he should be alive on the date.
Rajendra K Goyal
(Expert) 09 August 2017
You asked:
Only NOC and Power of attorney would make the registration happen?
Reply:
Yes.
You asked:
Stamp duty would be according to old price or new government rates?
Reply:
Registrar may require stamp duty payment at present circle rate, confirm from registrar office.
Swapnil
(Querist) 10 August 2017
Thank you Ms Usha Kapoor and Mr Rajendra Goyal
Dr J C Vashista
(Expert) 11 August 2017
You have posted multiple questions with respect to purchase of flat in Cooperative Housing Society.
My reply to the same (respectfully) differ with experts since title of the property can not be transferred in the name of purchaser till the time proper "Conveyance Deed/Sale Deed" is registered in his/her (purchaser's) name and granter of POA remain titleholder (Owner). You can not become owner of the property through registered attorney. Experts may kindly refer to the judgment passed by Supreme Court in the case titled, "Surya Roshini Ltd. Vs. State of Haryana".
Besides this, legally POA clubbed with NOC issued by the Society shall NOT (repeat NOT) serve the purpose of transfer of ownership in the name of purchaser. The buyer shall remain an agent of the executant of attorney/principal.
