LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul (MAnager)     20 March 2010

Power of Attorney Mess

Hi, Thanks for taking time to go through my problem, I appreciate it !

My father and grandmother had bought a joint flat in the year 1995 from a builder. A power of attorney was given to my grandfather to execute the sale. I have the sale agreement with me. We had done the mutation of the flat plus have records of all payments made.

At that time due to financial reasons, we did not get the agreement registered, now my grandfather died in the year 2000.

Its 2010 now and we want to register the property in our name, can you please list how this can be done.

Thanks, the builder is acting un-cooperative in the matter, so help would be appreciated.

Also, the sale agreement is unregistered, but there are certain points on the sale deed I would like to enforce (like one of my neighbours is illegally cutting of a section of the common area as specified in the sale deed). Is it possible to do so via an unregistered sale deed ?


Please let me know if you need more clarifications.



Learning

 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 March 2010

Do you have any other documents regarding the agreement?

 Eg: any receipts issued by the builder

Rahul (MAnager)     20 March 2010

I do not have the receipts, but on the sale agreement, the payments are acknowledged with cheque numbers.

Rahul (MAnager)     20 March 2010

Plus we have the possession of the flat for 15 years now, have been paying all taxes regarding property.

k.chandrasekharan (advocate)     20 March 2010

The question is unclear about several aspects. Deriving what could be done from the scanty information, the issue is re-framed as:

1. The purchasers of the flat in question, were father (F) and grandmother.(GM).

2. There is a power of attorney. Principal is the purchasers and the attorney is grandfather (GP)

3.This GPA was to represent the purchasers at the time of registration of flat, besides attanding to miscellaneous matters relating to builder.

4.Flat is not registered yet. To this extent the GPA remains unavailed of the power conferred upon the attorney. Also the Vendor (builder), has to fulfil his obligations of execution of sale deed, at the cost of the Purchaser.

5. The attorney has died.

6. Agreement of sale is an unregistered document.

7.Possession of the flat has been handed over and the purchasers are in possession and enjoyment either themselves or through a tenant, relative etc.

8.The principals F and GM are alive.

9. Neighbour is creating obstruction of peaceful enjoyment of the property by unauthorised encroachment of the common area.

The matter involves several statutes.

The State Stamp Act, Indian Registration Act, Contract Act, Apartment Ownership Act, Easements Act .

Power of Attorney gets automatically cancelled when either the principal or the attorney dies. So, in your case the GPA in question has also died and no right thereunder flows to the successors of the attorney.

Do you have a document evidencing possession like handing over of possession letter or possession certificate? This document is important to prove legal possession of the flat, having paid full consideration, though registration is not done.

 You have three issues involved:

(1) F and GM are the purchasers. So, they have to enforce their right to get the deed executed by the builder. A specific performance suit can be explored,subject to the law of limitation, to be examined in the light of specific clauses of the agreement of sale.

(2) If any society of flat owners has been formed then it is the responsibility of the society to maintain common areas. Maintenance includes prevention of encroachment.

(3)Possession of the flat is sufficient enough 'locus standi' for maintaing a suit for injunction against the encroacher. Either the society or the person affected, viz F and GM can be the plaintiffs.

More facts may get addition/alteration/amendment in the answer given.

Rahul (MAnager)     20 March 2010

Thank you sir for your detailed response. I have gone through your reply and will try to make the documents and info clearer. There is no possession certificate, but the agreement to sell has point number 1 : =============================== The amount of Rs. x is received by the confirming party as under for which separate receipts have been issued : Details for 8 cheques The possession of said flat no. 2 (Address) has been handed over by the confirming party to the second party. ================================ Now the thing is that the builder is not having malicious intent, I guess he is trying to save his time/paperwork. He said that all heirs of my GF will have to give an undertaking to him that they are not putting any stake to the property. ============== Second Document : GPOA : The original GPOA was given by the first flat owner to builder, the builder further appointed my GF as true and lawful sub-attorney to affect the flat purchase. ============== There was no society formed and houses werent registered under Delhi apartments act. The said encroachment is the cutting off of the stairs from the second floor till the terrace by my neighbours. They own the terrace rights but certain rights were granted to me in the sale agreement including water tank, Tv antenna etc. (So there is no way I can inspect the same). They are un-co-operative when I need to use the terrace (barely once an year) and cause mental harassment. Also the stairs are mentioned as common property of all the flat holders in the sale agreement. Thank you sir once again. Please let me know if the new info helps.

Rahul (MAnager)     20 March 2010

Sorry for the double post , but in the earlier post all formatting was removed by the forums and the reply became unreadable.

Thank you sir for your detailed response. I have gone through your reply and will try to make the documents and info clearer.

There is no possession certificate, but the agreement to sell has point number 1 :

===============================

The amount of Rs. x is received by the confirming party as under for which separate receipts have been issued : Details for 8 cheques The possession of said flat no. 2 (Address) has been handed over by the confirming party to the second party.

================================

Now the thing is that the builder is not having malicious intent, I guess he is trying to save his time/paperwork. He said that all heirs of my GF will have to give an undertaking to him that they are not putting any stake to the property.

==============

Second Document : GPOA :

The original GPOA was given by the first flat owner to builder, the builder further appointed my GF as true and lawful sub-attorney to affect the flat purchase.

==============

There was no society formed and houses werent registered under Delhi apartments act.

The said encroachment is the cutting off of the stairs from the second floor till the terrace by my neighbours. They own the terrace rights but certain rights were granted to me in the sale agreement including water tank, Tv antenna etc. (So there is no way I can inspect the same).

They are un-co-operative when I need to use the terrace (barely once an year) and cause mental harassment.

Also the stairs are mentioned as common property of all the flat holders in the sale agreement.

Thank you sir once again. Please let me know if the new info helps.

G. ARAVINTHAN (Legal Consultant / Solicitor)     21 March 2010

even having possession in the property will be an evidence for you to have entered the agreement

Rahul (MAnager)     22 March 2010

Can someone please let me know if in case the sub-attorney dies like in above case, is the PoA void or does the power get transferred to the heirs ?

The builder is asking for NOC from all of my GF's heirs that they absolve their right over the PoA

K S Narayana Rao (District Registrar)     08 May 2011

My dear friend, after the death of the agent still power of attorney is in force. It is one document to be produced in court under evedience.  with the help of a lawyer you can get the sale deed registered. orelse file specific performance suit


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading