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Regarding power of attorney

(Querist) 14 April 2014 This query is : Resolved 
Sir, I want to purchase a piece of land.Now the seller(Mr X) says that he has the ROR which is by the name of Mr Y.Mr Y has given him a General Power of Attorney wherein its mentioned that Mr X can sell the land and can receive the sale proceeds.Mr Y stays out of station and is not accessible.Plz suggest if I should purchase the land only on the basis of the ROR and the Power of Attorney.Mr X doesn't have the original DEED of the land either.He says that when he bought the land from Mr Y, Mr Y gave him the Power of Attorney.And yes, plz mention whether a Power of Attorney is valid for infinite time?
SURESH BV, Advocate (Expert) 14 April 2014
Dear Mr.Debashish,

If the GPA in favour of Mr.X is registered one, then Mr.Y has appointed Mr.X to sell his property. Since, Mr.Y has appointed Mr.X to sell his property. as you cannot assume or consider that Mr.X is the Owner of the property.

If you are buying the property, ask Mr.X to provide you all the Original title Deeds. Just on the single document ROR you should not proceed with.

It is also advisable to get confirmed yourself that Mr.Y is alive as on date.
ajay sethi (Expert) 14 April 2014
1) is power of Attorney registered?

2)ask for inspection of original title deeds .

3) contact a local layer and obtain title clearance certificate . that title is clear and marketable and property is free from encumberances .
Devajyoti Barman (Expert) 14 April 2014
Yes, if POA is not registered then without original owner the property can not be transferred.
Visit a local lawyer as without seeing all papers no concrete advice could be given.
Rajendra K Goyal (Expert) 14 April 2014
You should not proceed with the deal if:
i) POA is not registered.
ii) The principal is not alive
iii) Original title papers are not available for inspection.
iv) Your lawyer has not provided non encumbrance confirmation.
Raj Kumar Makkad (Expert) 15 April 2014
I do agree with Rajender hence no more to add.
Harinarayan R. Tripathi (Expert) 15 April 2014
1. For valid transfer from Y to X, the GPA should be duly stamped and registered with the concerned Sub-Registrar of Assurances;

2. Being a bonafide prudent purchaser, the original title deeds to be verified, mere ROR is not suffice;

3. The validity of GPA could be ascertained on the terms contained therein or till the owner is alive;

4. You may work on the sale deed to be made by Mr. Y in your favour, which get signed by Mr. X as GPA of Mr. Y subject to following:-

a. The sale consideration will be in favour of Mr. Y;
b. GPA should be valid;
c. Mr. Y should be alive;
d. The property should be self acquired property of Mr. Y.

I hope the above shall meet with your queries.
Debashish (Querist) 18 April 2014
In case Mr Y is dead, will the GPA be still valid? Is it mandatory that the sale consideration be in favour of Mr. Y?
Harinarayan R. Tripathi (Expert) 18 April 2014
GPA may be valid only if by virtue of GPA the property is duly and absolutely transferred in favor of Mr. X and the same is duly stamped and registered with the concerned Sub-Registrar.

Further, if the above is true means there is an absolute transfer of immovable property by GPA, the sale consideration may be accepted by Mr. X in his capacity as the legal absolute and exclusive owner and transferor of the subject immovable property.
Advocate. Arunagiri (Expert) 18 April 2014
If the GPA is registered Mr.X can execute the sale deed.

If Mr.X had obtained the GPA after paying the consideration, he can execute the sale deed even after the death of Mr.Y.

Debashish (Querist) 30 April 2014
Many many thanks to all esteemed lawyers for your prompt reply.Now that I have made an agreement of advance with the seller in stamp paper, I would request you to plz mention the points that need to be written in the sale deed so that I can proceed with the same.And also, plz mention if the seller requires to handover all the original documents(property deed,ROR,LIVE CERTIFICATE,POA) to me on the date of registration.Thanks again...
V R SHROFF (Expert) 30 April 2014
Seller must handover all doc to purchaser on Regn . it includes Ori Link Agr, electricity water bill, mtn, property bill & receipts, leaving nothing with him.
Debashish (Querist) 06 May 2014
Thank you all for your kind concern
Devajyoti Barman (Expert) 06 May 2014
welcome.......


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