Sale deed

S m (Querist) 30 September 2020 This query is : Resolved
X and Y were joint owner of a land. Mr. X admitted Z to power of attorney infront of notary office but not registerd and then mr. Z and Mr Y sold the land in 1992, after that mr. X passed away. Now it is described in deed about the admitted power of atorney. Now the buyer P who bought the land from Z and Y is willing to sell the property. Is there any complication?

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This discussion revolves around a sale deed from 1992 where one joint owner, X, allegedly granted power of attorney (POA) to Z verbally, which was noted by a notary but not formally registered. Z, along with the other owner Y, then sold the land to P. Following X's death, P now wishes to sell the property. The core issue is the validity of the sale without a registered POA, especially after X's death, and whether the description in the sale deed itself suffices as proof of authority for future transactions or loans.

Isaac Gabriel (Expert) 30 September 2020
Contact the registry, know the possibility and proceed.It is not a legal matter but of Administrative pfrorogativesonly.

S m (Querist) 01 October 2020
Sir the sale deed is legal?

Dr J C Vashista (Expert) 01 October 2020
Vague facts posted looks like an academic exercise, however, if there is some truth in the story it would be advisable to seek service of a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

S m (Querist) 01 October 2020
No Sir the story is true. Actually there is no evidence now of power of attorney except the description on sale deed. Is it enough for sell or get loan?

SHIRISH PAWAR, 7738990900 (Expert) 01 October 2020
Hello,

The power of attorney should be there. Avoid the transaction. For property transaction, you always have to take the title and search report from the sub-registrar and revenue office. Contact local advocates.

Rajendra K Goyal (Expert) 01 October 2020
If the sale deed is registered, it is valid.

It would be better to show all related documents to local lawyer and discuss in detail.

S m (Querist) 01 October 2020
Thank you Sir for your advice.

kavksatyanarayana (Expert) 01 October 2020
If the Power of Attorney Holder (the owner) has died, then the POA shall be got invalid. so the transactions of after the expiry of X shall be got invalid.

S m (Querist) 01 October 2020
When the land was sold through PoA then the owner was alive.

Rajendra K Goyal (Expert) 02 October 2020
Person having POA to sell a property should possess Registered POA.

Dr J C Vashista (Expert) 02 October 2020
Even if PoA is registered it expires with death of granter.
Title of the property can not be transferred on the basis of PoA, especially after Supreme Court decision in Surya Roshini Pvt. Ltd. Vs. State of Haryana.

S m (Querist) 03 October 2020
The case was of 1992, SC decision can effect that time?

Guest (Expert) 03 October 2020
Mr.Rajendra K Goyal should read the query properly before providing the Legal Guidance and Not that simply filling the Pages/ Thread should be his motive. The Transactions had happened in 1992 and Registration of POA is not mandatory during that period and the documents would be Legally Valid

S m (Querist) 05 October 2020
Sir, except description in sale deed in 1992 there is no evidence of POA, it is described that mr Z is admitted to pOA infront of notary office by X and he has the power to sell the property. Is it enough to get loan on that deed or purchase the propert? Pls advice..

K Rajasekharan (Expert) 05 October 2020
X admitting or authorising Z (most probably orally while standing in front of the office as it seems) to sell his share of property (in the whole jointly owned by X and Y) but without creating or registering any legal document which can be called a power of attorney is not a legally valid authorisation.

So Z cannot sell the property of X before or after his death without a properly formulated and legally valid power of attorney.

Writing any admission or description in regard to authorisation in a sale deed is also not a legally valid authorisation. The power of attorney must be in its style and form and is to be made as per its procedure.

P when purchased the whole land, it actually belonged to X and Y jointly. Z has no authority in the property which is jointly owned by X and Y.

So buying the property by a new person from P means the purchase is valid for Y’s share but not for the X’s share which belongs to the legal heirs of X.

This is my comment based on the vaguely written (and probably wrongly understood) query.

S m (Querist) 08 October 2020
It is clearly described in deed that mr z is authorized for sell (that property) which was accepted by notary office on xx/yy/1991.

Rajendra K Goyal (Expert) 08 October 2020
If sold without proper authority, no difference is made even if the authority is confirmed in the deed. Sale does not amount to proper sale.

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