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Manish (Network Engineer)     08 January 2013

Poa is legal or illegal?

Dear All ,

 

I need some Help.

I am planning to buy a flat in Pimpri , Pune. The Owner stays in Abroad  (Saudi Arebia) and he gaves the power of attorney to his cousign who is located to Aurangabad.

The owner is ready to give the POA to his cousign, bank is ready to give the loan and the advocate is ready to do the agreement.

May I go ahead and do the agreement or the agreement done on POA is not valid ?

 

Regards,

Manish



 5 Replies

bhagwat patil (Property due diligence 9422773303)     08 January 2013

POA is a legal document and enforceable by law as lang as it is not either cancelled by principal or his death.It is a written document in which one person (the principal) appoints another person to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.

N.K.Assumi (Advocate)     08 January 2013

Transfering immovable property through poa/Gift deed etc is illegal and prohibited by the Supreme Court.

Ketan (Owner)     08 January 2013

Hi N.K.Assumi

Can you upload or give Supreme court Judgement copy ?!! or case number & date ?!!

 

Regards

RK (Learner)     09 January 2013

Dear Sir,

As you said, POA stands invalid on cancellation in writing or on death of the Principal.

1) But if the property is sold by POA holder before the death of principal, will the sale stands valid permanantly?

2) If POA holder makes the will of the same property to his daughter, before the death of the Pricipal, is the will valid?

3) Can POA holder or his daughter (after making will) sell the said property after the death of principal? Is such sale valid?

Please clarify

bhagwat patil (Property due diligence 9422773303)     09 January 2013

1} yes,answer is affemative ,sale is valid forever. 2}if the property has been already sole the principal has no right to include it in will the inclusion of that property is void. 3}If POA holder had not signed the sale deed before death of the principal he has no right to sale.then by virtue of will the person to whom the property is assigned becomes sole owner of the same and can dispose by anyway.
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