subhashis (Electrical Engg) 24 August 2017

Power of attorney to sell land

i have purchased a piece of land 4 yrs ago. I paid full amount to owner and took power of attorney to sell and maintain the land. I did this to save the land registration cost and he owner is known to me. Now i want to sell the land. As per the POA i can sell it and make it registered to others name. I have a doubt about the payments, which would be taken at time of selling the land; can the buyer give me cash or chq directly in my name? or the chq has to given in the name of the registered owner. IF it is yes then can i take any under taking from the registered owner to take the chq in me name?

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8 Replies

Advocate Bhartesh goyal (advocate) 24 August 2017

If you have registered power of attorney to sale the land then you can sale and receive the sale considerations ( you can receive cheque in your name ).

subhashis (Electrical Engg) 24 August 2017

How do I know it's registered POA or not? It has been done in BLLRO( block land and revenue office)

Siddharth Srivastava (Advocate) 24 August 2017

You have commited a mistake by purchasing the land on POA basis. If you sell the plot then all payments shall be in the name of owner only and owner has every power to cancell your POA at any time. Though you can sell the land as POA holder but if you receive consideration in your personal name and use the same for your personal use then it is clear case of breach of trust and misappropriation which is puunishable in law and the real owner can lodge police complaint and can also sue you. So act prudently.

Siddharth Srivastava (Advocate) 24 August 2017

subhashis (Electrical Engg) 24 August 2017

no the seller will not do that. BUt can i take the chq in my name?

subhashis (Electrical Engg) 24 August 2017

didn't get your point clearly

Lahul Hazorica (LAWYER / PRIVATE INVESTIGATOR/ DATA ANNALIST) 24 August 2017

In my view, You can receive payment in your name if and only if there is the condition in the PoA. After receiving payments you shall have to get a no liability certificate from the registered owner mentioning that there is no liability from you, this is for your safty and the only way to get rid of the PoA. Moreover you shall have to do it fast what ever you do because upon death of the Attorney-in-fact, the PoA shall become invalid.