Purchase of land by p.o.a. holder

Prakash Patel (Querist) 25 July 2024 This query is : Resolved
Sir, I have a piece of non agricultural land in maharashtra. I had given a p.o.a. to mr.X. In which i mentioned that Mr.X has all authority regarding the land including sale the land on my behalf. Now the p.o.a.holder Mr.X him self want to purchase the said land.Can he purchase the land as a p.o.a holder in his name by executing the registration .

Please advice.
Thanks.

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Quick Summary

A discussion on whether a Power of Attorney (POA) holder can purchase land they have authority over. Opinions vary, with some suggesting it's permissible if the POA grants such authority, while others raise concerns about conflicts of interest and legal precedents set by the Supreme Court regarding POA sales.

T. Kalaiselvan, Advocate (Expert) 25 July 2024
If it is a registered POA deed, then on the basis of authorisation given to him to sell the land he can very well sell the land to anyone including himself.
He can do dual role of seller and buyer.

kavksatyanarayana (Expert) 25 July 2024
Yes. As a POA holder, he can execute the sale deed in his favour.

Advocate Bhartesh goyal (Expert) 25 July 2024
No, In my opinion, a power of attorney holder can not sell the property to himself as it creates conflict of interest.principal should directly transfer the property to intending purchaser.

P. Venu (Expert) 26 July 2024
In accordance with the law laid down by the Supreme Court, sale of property through PoA is impermissible unless it happens to be those transactions exempted therein. Please see http://indiankanoon.org/doc/1565619 -

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