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Pradeep (na)     29 March 2021

Power of attorney plus sale deed

Learned lawyers, please give your valuable opinion on what should be done by my friend.

1. My friend has purchased 10 gunta land from a farmer (old lady of 90 years)

2. Purchase through Power of Attorney cum Sale Deed at Hosakote, Bengaluru, Karnataka.

3. All amount has been paid w/o any due (Nil due on even on papers) 

3. My friend has applied for 'sketch' and is due soon (10 gunta land is part of 20 guntas, hence sketch) 

4. Yesterday my friend has come to know the seller (land Lady is unwell and in hospital)  .

5. My freinds broker is saying in case of unfortunate death , he may loose money and also land.

Please HELP.


Pradeep, Bengaluru 



 8 Replies

Dr J C Vashista (Advocate)     29 March 2021

As stated by you there is no legal document such as "Power of attorney Sale Deed". However, a valid attorney can execute "Sale Deed" in favour of your friend on behalf of grantor of attorney. 

The age, health and other factors of vendor (seller) are irrelevant if "Sale Deed" is registered during her life time through PoA.

G.L.N. Prasad (Retired employee.)     29 March 2021

With the presumption that the old lady has executed a Power of Attorney, and that your friend has purchased the land through such agent, your apprehension that POA becomes invalid after the death of old lady, as the POA is for a value, this may hold good even after the death of the old lady.   Please contact a local advocate as the contents of POA , the purpose, the relationship of that attorney with the old lady,  (legal heir of old lady executed as old lady is disabled) POA sale deed (?) are not clear.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 March 2021

1. "Purchase through Power of Attorney cum Sale Deed" is legally invalid and you cannot claim the land, more so specifically since you have evaded full Stamp Duty and Registration Fees, that is applicable.

2. The above happens when you purchase immovable property without first consulting a Property Lawyer.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Pradeep (na)     29 March 2021

Dear Sir,

Old lady's legal heirs (Two sons & one daughter)  have been party to the sale agreement & POA. The agreement / POA happened in April 2018. 

There is Rs.2 lacs loan on the land (20 guntas) which has not been repaid by the land lady (My friend purchased 10 guntas) 

My friend is ready to pay that amount if required as the land value has soured high in last 2 years. 

Thanks & regards

G.L.N. Prasad (Retired employee.)     29 March 2021

Your friend can not initiate anything against the concerned after APR, 2021 as there is a limitation period.   You may contact a local advocate to initiate such legal proceedings within the limitation period.  This advice presuming that your friend was given possession.  There are several missing links in your story and only local advocate can clarify your friend. 

Sankaranarayanan (Advocate)     29 March 2021

Once a sale executed by valid GPA  during the life time of the original owner of the property then no need to worry by the purchaser.

P. Venu (Advocate)     29 March 2021

The death of the lady invalidates the POA, but it does not invalidate the sale deed already executed, if otherwise valid.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     29 March 2021

Once a POA cum sale agreement (but not sale deed) executed by several persons, and one person died out of them it got invalid. It is better you consult the legal heirs of the old lady and get the property by way of the sale deed by her and other executants.

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