Power of attorney se mere naam registry karwani

Rakesh (Querist) 25 March 2020 This query is : Resolved
Jo admi power attorney se humko makaan bech Raha he .to kis type ki power of attorney honi cahiye jisse wo humko wo Ghar sell ker sake or hum us Ghar ki registry sub registrar office se kara sake or Kya ye ligal hoga

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This discussion clarifies the legal standing of property sales conducted through a Power of Attorney (POA). While a POA holder can execute a sale deed on behalf of the principal, it does not transfer ownership title itself. Property ownership can only be lawfully transferred via a registered sale deed. The Supreme Court has affirmed that POA sales are not a valid form of property transfer, though genuine transactions prior to the judgment may be regularised.

Raj Kumar Makkad (Expert) 26 March 2020
Us vyakti ke paas sirf sale right darshate huwe sidha Power of Attorney registered hona chahiye. Isme saf tour par likha hona chahiye ki jaydad ka malik kinhi vishesh kathinaeeyo ke karn uprokt agreement ke antargat swaym sale-deed ko register krane me asmarth hai aur is karye ko uski aur se karne ke liye shri .... ko niyukt karta hai . Shesh bhasha parlekh lekhak ya vakeel sab poori kar denge.

Rajendra K Goyal (Expert) 27 March 2020
Whether the person who is selling house on power of attorney, is also a power of attorney holder or the house is registered in his name through Registered sale deed?
A Power of attorney holder can not give Power of attorney to third person on the basis of power of attorney held by him.
Why you want to go for Power of attorney and not the Registered sale deed.

Raj Kumar Makkad (Expert) 27 March 2020
It seems that original owner of the property is missing and the author is in contact of the person holding the sale agreement-cum- power of attorney of the original owner which is legally not permitted for the transfer of the property.

T. Kalaiselvan, Advocate (Expert) 28 March 2020
The power of attorney holder can sell the property by executing a registered sale deed in favor of the prospective buyer on behalf of the principal.
If you want to buy the property then you buy it by a registered sale deed on your name and not ass a power of attorney holder, because a POA holder cannot give POA to another person.
The purchase of a property by POA is illegal.

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.

Rajendra K Goyal (Expert) 28 March 2020
Power of attorney should be having right to sell the property on the basis of POA.

The person giving POA should be alive on the date of registration.

The POA should not have been revoked by the issuer.

Raj Kumar Makkad (Expert) 29 March 2020
Deviation from the requirement of the author is also a deliberate effort to confuse him which should be avoided.

T. Kalaiselvan, Advocate (Expert) 29 March 2020
roperty sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"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.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
But, there is little relief for thousands of people who hold property without mutation as GPA sales can only be treated as existing sale agreements. An application of the order with prospective effect would have protected their interest. The court, though, stressed that it had merely reiterated the well- settled legal position that such transactions cannot be treated as completed transfers.

The court could not make the order applicable with prospective effect as it had not laid down any new law. However, it said that those who had already bought property through GPA before its judgment could use the documents to apply for regularisation of allotments and leases by development authorities.
While hearing a matter on the subject, the court had decided to clarify the law on the issue as such transfers had not only led to evasion of stamp duty and registration charges but had also provided scope for investing black money in real estate. Besides, such transfers were giving nightmares to bona fide purchasers as the same property could be sold to several people in the absence of verification or certification of title. A proper verification of ownership was possible only if all property were transferred through registered sale deeds.

Now the author has to decide about buying the property through a GPA deed or what.

Rajendra K Goyal (Expert) 29 March 2020
The property can be sold by a POA holder when principal is unable to present, , however, title pass through registered sale deed.

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