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kapil sharma (advocate)     06 December 2008

Power of attorney

Can power attorny holder sell property to himself


Learning

 8 Replies

Shree. ( Advocate.)     06 December 2008

 By Section 5 of the Transfer of Property Act, 1882, Transfer of Property is defined as follows:


5. Transfer of property defined


In the following sections "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.


In this section "living person includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.


Therefore from the definition it is clear that a person can convey property to himself.


However, your query does not indicate the reason for the power of attorney being given or the terms of the power of attorney. We would have to see a copy of the power of attorney and other relevant documents before giving you an answer.The reason is that if the person to whom the power of attorney is given is in the position of a Trustee of the property, he cannot transfer it to himself. See Chapter V of the Indian Trust Act in particular Section 52, which reads as follows:


52. Trustee for sale or his agent may not buy

No trustee whose duty it is to sell trust-property, and no agent employed by such trustee for the purpose of the sale, may, directly or indirectly, buy the same or any interest therein, on his own account or as agent for a third person.

kapil sharma (advocate)     06 December 2008

thanks.

Arun Aggarwal (advocate)     06 December 2008

yes u can till there is a restriction in the deed

kumar sachin (lawyer)     06 December 2008

i agree with agrawal saab

N.K.Assumi (Advocate)     07 December 2008

It all depends on the instruments contain in ther power of attorney.

Ravi Ranjan (cosultation)     08 December 2008

authority to act

Ravi Ranjan (cosultation)     08 December 2008

authority to act

Ravi Ranjan (cosultation)     08 December 2008

it is a power to do or not to do any act duly written and regitered in matter of immvevable property


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