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Yogesh Chandra   07 November 2015

Power of attorney as instrument of land purchase

Is it valid to buy land with "power of attorney" as the instrument of sale?

To give details:

  • the zamindar of the land in question is a "temple" (instead of the government, as is usually the case). 
  • because the zamindar is the temple, the registration office at the local tehsil is unwilling to register the property in the name of the owner or the buyer.
  • I know for a fact that many such lands have been bought and sold in the past. 

So I would like to understand what is the valid procedure for acquiring the land? If paying for it and getting the power of attorney is sufficient, how should one go about it?



Learning

 1 Replies

Adv. Yogen Kakade (+ 91 9225510883)     07 November 2015

No. You can not purchase that property unless and untill all the trustees of the Temple gives permission for the same. And to give such permission, they ( the trust body/ authority) has to get permission form the Government authorities i.e. The Charity Commissioner to Sell the propety of the temple.

Here, the trustees of the temple can not nominate your name directly as a purchaser. As there is a procedure to get the bidding from different buyers. and such notice of Bidding is to be issued for the same. The highest bidder shall get the opportunity to purchase the property of the temple.

Merely, Power of attorney doesn't make you the owner of the property of a trust or temple.

Adv. Yogen Kakade

Pune

juryconincorporation@gmail.com

www.juryconn.in 

 

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