Power of Attorney

Querist : Anonymous (Querist) 10 April 2010 This query is : Resolved
Mr. A has issued power of attorny to Mr. B (Dated 2 Nd April 2002), in attorney said Mr. A has taken a pre interest loan of Rs. 4 lac from Mr. B if Mr. A has not refund Rs. 4 lac witin 2 yers Mr. B has full ligeal wite to Sell/ possiaon of Flat, Mr. A HAs not Refund the loan amt till the date, and he his not in Mumbai (not treseble), Power of attorney noterised & on Rs. 50/- satmp pare
Q. 1 Can Mr. B sell the propert in absense Mr. A
Q. 2 what is the procedure of selling the above said property
Q. 3 Suggest any one Advocate who is explain & prodouce the sell in Thane (Dombivali)

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niranjan (Expert) 10 April 2010
In my opinion,the said PO is irrecovable but required registration. It would be advisable to give public notice to the owner that he should return the money otherwise he will sell the property. Secondly,the buyer must give public notice with complete details that he intends to purchase the property and invite objections.Then power holder can execute the sale deed.

bhagwat patil (Expert) 10 April 2010
you can cancell the POA in tahhshil office.call 9422773303 for details

N RAMESH. (Expert) 11 April 2010
The power of attorney is not a valid document as it cannot be treated as deed appointing an agent nor can it be treated as document of mortgage by conditional sale. In both cases, document requires compulsory registration.

On the basis of such power of attorney, property can not be sold.

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