Power of attorney holder se mujhe apne naam registry karwani

Rakesh (Querist) 25 March 2020 This query is : Resolved
Sir ek dda flat jiska allotment latter or kabja latter dono hen .beech ke buyer ki chain bhi he .or last buyer ke pass power of attorney he wo mujhe makaan bechna cahta he Kya me wo makaan ki registry karwa sakta hun Kya ye law ke khilaf he .supreme Court ka 2011 ka fesla ki power attorney se titel transfer nahi hoga eska ulanghan hoga kya

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This discussion addresses whether a property registry can be completed using a Power of Attorney (POA) in India. The consensus is that a POA alone is not a substitute for a registered sale deed and cannot legally transfer ownership of immovable property. While some 'genuine transactions' under a GPA might be permissible, it's crucial that the POA holder is the registered owner, the principal is alive, and the POA explicitly grants the authority to sell. Purchasing property through a POA holder is generally advised against due to potential tax evasion and unclear title issues, as only a registered document confirms ownership.

Raj Kumar Makkad (Expert) 25 March 2020
Agar us Power of Attorney ke madhyam se aapke vikreta ko uprokt mkaan ka malik dikhaya gya hai arthat GPA-cum-Sale Agreement kiya gya hai to aapko usse yeh mkaan nhi lena chahiye kyonki yeh manniye suppreme court ke aadesho ka ullanghan ahi kyonki isme tax chori ki gaee hai aur sath hi aapka vikreta malik bna hi nhi to usko bechne ka adhikar bhi nahi hai. Kewal registred document ke adhar par hi koi vyakti achal sampatti ka maalik ban sakta hai.

Isliye mera sujhav hai ki kanooni roop se aapko usse yeh mkaan nhi khridna chahiye.

Akshay (Expert) 25 March 2020
Mai sehmat hoon makkar ji ke sujhav se, sahi kaha hai ki Powr of attorney malikana haq legally nh mil payega aapko kyunki jiss se bhi aap khareed rhe hai vh vyakti malik nh hai property ka aur agar aap Power pf attorney ke basis pr khareed bhi lete hai to kisi bhi legal proceeding mai as a proof nh show kr payengay isiliye registry zaroori hoti hai taki suraksha bani rh.

Best regards,
Akshay Gupta

Rajendra K Goyal (Expert) 27 March 2020
Please confirm:
i) The person who gave you Power of attorney is the Registered owner of the property?
ii) Whether DDA has imposed any restriction regarding its sale?.
iii) Whether the allottee got the conveyance deed registered in his favor and after him there exist full chain of owners through Registered sale deed?
Power of attorney is not a substitute of Sale Deed, it is termed as an attempt to save stamp duty / fee by Apex court.

Raj Kumar Makkad (Expert) 27 March 2020
This is repeated query whereas earlier has already been duly attended.

T. Kalaiselvan, Advocate (Expert) 28 March 2020
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales.
However, the bench said the judgment will not affect "genuine transactions" under the GPA.

T. Kalaiselvan, Advocate (Expert) 28 March 2020
You can buy the property from a POA holder who should execute a registered sale deed in your favor and also should confirm that his principal is alive by producing the life certificate of his principal.

T. Kalaiselvan, Advocate (Expert) 28 March 2020
If the POA has been registered and confers on the GPA holder the express authority to sell the property then the GPA holder can sell the property. ... If GPA holder sells the property without any legal authority to do so the title would be deemed to be not clear.

Rajendra K Goyal (Expert) 28 March 2020
Waiting for the supplementary information sought, it is further added / clarified:
i) Get the language of POA duly scrutinized by some expert Lawyer.
ii) the person having absolute title of the property and gave POA, should be alive on the date of Registration on the basis of POA.

Raj Kumar Makkad (Expert) 29 March 2020
Author can supply on this post or the other one the supplementary questionnaire so that reply may be offered to him at both places. After all this is very very complicated question raised by him!!!!!!!

Rajendra K Goyal (Expert) 29 March 2020
The author has not provided the sought information, may provide if wish so that more appropriate guidance can be given.

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