Power of Attorney

Querist : Anonymous (Querist) 14 December 2010 This query is : Resolved
Dear All,

A son has given a general power of attorney in the year 2002 to his parents.

The mother is now purchasing a flat in a co-perative society in her name and her son's name. She is using the said power of Attorney where her husband is signing on behalf of her son. She has no document to prove that her son has consented to the said purchase. In the said poa there is a general clause of purchase of a flat. the said POA is not registered nor does it have any photographs or thumb impression.

What is the validity of such POA. Can such POA be taken up at the time of registration??

Please help its very urgent.

Do we need to take a specific POA from the son in favour of the father??

Very urgent. Need the guidance of all experts.

Shall be obliged.

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ESTHERPRIYA (Expert) 14 December 2010
No such poa cannot be used for purchase of flat now. You have to get it registered in register office and then can use the same now. In case you need any further help contact us at
S. Esther Priya
Advocate & Partner
S&P Law Associates
Phone : 044 - 43302424
Cell: 9840729285
Email: sandplawassociates@gmail.com
Website: www.sandplawassociates.com

Khaleel Ahmed Mohammed (Expert) 14 December 2010
well advised.

adv. rajeev ( rajoo ) (Expert) 14 December 2010
If POA is exeucted in favour of the blood relations then registration is not mandatory. Here there is a recital in the PA that to purchase of flat. So the purchase by the PA holder is valid.

Parveen Kr. Aggarwal (Expert) 14 December 2010
The presence of all the purchasers at the time of registration of sale deed is not mandatory. Even if one of the purchasers, mother in the present case, appears and signs the deed on behalf of all the purchasers, it will suffice. There is no need for registration or even for execution of a power of attorney for the purchaser.

Kirti Kar Tripathi (Expert) 14 December 2010
agree with Mr. Praveen. the all the purchaser is not required to be present at the time of registration.

Devajyoti Barman (Expert) 14 December 2010
yes

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