Power of attorney
Adil
(Querist) 07 October 2014
This query is : Resolved
Hello,
My father purchased a room from someone 25 years ago. It was allotted to a person from Agra Development Authority. That Allottee gave a power of attorney to second person. My father bought it from the second person just on an agreement.
Please remember that the installments are still due on this property from ADA. It is not clear from ADA. My father has passed away.
Now I want to sell this property but I don't have proper papers however, I have found the second person (the power of attorney holder). The POA holder says that he can go to Tehsil only once as he stays out of station.
Please help me in finding out what kind of papers I can make with the help on POA holder so that I can get it registered on my name? (Please remember that he can only go to Tehsil once and also it is not clear from ADA).
Secondly, is there any way that make some kind of papers by which I can get the property registered on my name later on (so that I don't have to pay ADA money as of now but of course later) and the POA holder is not required later on?
Its very urgent, any detailed answers would be welcome and appreciated.
Thank you.
ajay sethi
(Expert) 07 October 2014
is power of attorney registered . ? if so contact a local lawyer and the POA can execute sale deed in your favour . you would NOC from ADA for transfer of propety
Adil
(Querist) 07 October 2014
Thank you for a quick reply.
Yes it is registered POA.
My question is if I get the sale deed executed in my favor by the POA holder. Can I get the property registered later on my name? Would the POA holder be required again to sign the registry papers?
Isaac Gabriel
(Expert) 07 October 2014
No.it gives u marketable title.
Adil
(Querist) 08 October 2014
Thank you Mr.Isaac for your reply.
I have also consulted a local lawyer meanwhile and his answer is different. He says that even if you get the sale deed on your name, the POA holder would still be required at the time of registry.
I am totally confused what to do. If there is anyone else who can throw some light on this, it would be highly appreciated.
c.p.s. ramachary
(Expert) 09 October 2014
Power of Attorney (POA)requires registration before execution of registered sale deed. POA itself is not a conveyance deed. Hence presence of POA before the registrar is required as he would be executant of sale deed in the presence of the registrar and two witnesses.
Adil
(Querist) 09 October 2014
Thank you. The POA is registered. So can I get the sale deed executed now (registered)?
Later on can I get the registry done without the POA holder?
c.p.s. ramachary
(Expert) 09 October 2014
Yes. You can get the sale deed executed in your favour after the POA is registered. When you wish to execute a sale deed in favour of any one,presence of POA holder is not required.However please ensure that,your POA holder gets NOC from ADA for transfer of propety in your favour.
M V Gupta
(Expert) 10 October 2014
If the Agreement obtained by your father provides for obtaining sale deed either in favor of ur father or his nominee u may get the sale deed directly executed by the POA in favor of ur buyer as ur nominee. This avoids execution of two sale deeds, one in ur favor first and then in favor of ur buyer. Show the agreement to ur advocate to ascertain whether there is a clause mentioned above.
Surrender K Singal
(Expert) 10 October 2014
Do make sure to get his application signed for obtaining NOC, as he may not be available another time; Better enquire from ADA if any other paper document to be signed by POA ?
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
In your case, the POA holder himself cannot execute a registered sale deed in your favor because he has to get NOC from ADA after paying all dues to them. Well, if he clears the dues to ADA, he can execute a registered sale deed in your favor either as a legal heir to your father on the basis of an existing and valid registered sale deed in your father's name or else, he can execute a registered sale deed directly in your favor ignoring the unregistered sale deed in your father's name. Take the help of a local lawyer.
