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mukesh   25 January 2022

Can a property be registered in the name of representative on behalf of actual buyer

A property is to be registered in the name of HUF but due to some reason karta or any member of HUF were not able to present before registrar. Quesrions are as under:-
(1)Can HUF appoint any other person ( other than karta/member) to be a representative to appear before registrar and sign registry paper on HUF's behalf?
(2)PAN of HUF shall be used but whose aadhar shall be used?


 5 Replies

M V Gupta (Advocate)     25 January 2022

As the property is being purchased by the HUF, the sale deed should be made in the name of the Kartha. The Kartha can execute a power of attorney in favor of any person to present the document and admit execution of the deed by him (Kartha) and do all other acts, deeds, and things as are necessary to complete the registration.

2 Like

Aryan Raj   25 January 2022

In response to your Query,

When purchasing or selling a property, a power of attorney is not a legitimate instrument for transferring property titles. However, in Indian cities, selling a property through a general power of attorney has become normal practice due to the financial benefits it provides to both the buyer and the seller. "A power of attorney is not an instrument of transfer in regard to any right, title, or interest in immovable property," the Supreme Court of India declared in 2011. As a result, the Supreme Court of India issued an order prohibiting municipal entities from altering or registering properties based on such documents. 

So the representative can perform all the necessary official work and be present at the time of registration instead of the actual buyer but the property cannot be registered in his name instead of the actual buyer.

Regards,

Aryan Raj

Sri Vijayan.A (Legal Consultant)     25 January 2022

A specific power of attorney executed by Kartha of HUF appointing anyone to represent the Kartha in SRO shall serve the purpose

Dr J C Vashista (Lawyer)     26 January 2022

PoA may be granted in favour of any member of HUF where it is not compulsory or mandatory for Karta of HUF has to be physically available before SR at the time of registration of transfer document in favaour of HUF. 

mukesh   26 January 2022

Thanks to Mr. @MV Gupta, @Aryan Raj and @sri Vijayan.A 


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