Vikas Dharmendra (Consultant) 17 November 2019

Sale agreement/deed with unregistered poa

There is an agreement between Mr. X and Mr. Y with regards to commercial property. Mr. X executed sale agreement in favor of Mr. Y with Power of Attorney (in broader sense) to use or register or sale further. can Mr. Y do register property in his name or can he transfer registration to another party i.e. Z in the absence of X. As Mr. X has not given original property papers(Original Registered deed) to Mr. Y. But Mr. X handed over true certified copy from registrar office. can Mr. X re-sale property to someone else. Please clarify.

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 17 November 2019

Is it registered? is the property handover to Y? Mr.X cannot resale the property. copy of old (mother document taken from Registrar office is OK.

manoj 18 November 2019

As per Supreme Court Guidelines, after verfiying your query the said transcation is void sale.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

G.L.N. Prasad (Retired employee.) 18 November 2019

It depends on several facts like mutual relation of Mr.X & Mr.Y, the terms and conditions mentioned in POA it may be voidable if Y is also a beneficiary of the commercial property.

Vikas Dharmendra (Consultant) 23 November 2019

Mr. X received full and final payment of property value and mentioned same in agreement/deed. But he is not turning up for registration in Sub Registrat office. Now what are the legal actions Mr. Y can take. What buyer can do if seller doesnt turns up for registration after receiving full and finla payment and exceuted sales deed. Here Y is just a buyer of property. POA given by X is not registered but property is in possession of Mr. Y (buyer). It was handed over to him after executing sales deed.

Please learners please clarify.

G.L.N. Prasad (Retired employee.) 23 November 2019

It is proper to mention dates. If there is an agreement in writing signed, and date of such sale deed etc are also important. The buyer has to issue a legal notice through Advocate and if the seller fails to respond has to file a suit for specific performance praying the court for directions to seller for registering in the name of buyer as per agreement to sell and subsequent to giving possession, compensation, and costs. (Compensation because buyer could not raise finances against such sale deed )The local advocate can offer precise guidance.

Dheeraj Mupparam 22 December 2019

Hello I planned to buy a property situated at Vinayak Nagar Malkajgiri and made an agreement on A4 sheet with 100 paisa stamp on it along with two witness (Brokers) initially I paid 20000 as advance and then paid 100000 amount as advance as I was opting for loan and banks were not alloting the amount I was looking for I had terminate in case of loan not getting sanctioned and took this on a A4 sheet with 100 paisa stamp stating we will have to terminate the agreement in case loan is not sanctioned and owner agreed to pay the amount back on the A4 sheet with two witnesses will this paper with stamp be valid and if so how long will this be valid ?