neha (hr) 29 June 2014

Selling of my villa

Hi,

I have a villa which costed around 52 lakhs in Bangalore, in which 32 lakhs was given by my dad and the rest my husband took a loan..the property is now in joint names of myself and my husband. Before my husband went to U.S he gave me a general power of attorney. Now things have soured between us very badly, When i was in U.S he used to beat and torture me. I have come back to India and i want to sell the villa. He is not ready to sell it and also is going to stop the loan. If i manage some money to repay back the loan, Can i sell the house with the power of attorney?

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 June 2014

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

T. Kalaiselvan, Advocate (Advocate) 02 July 2014

As per the present status,you are an agent of the POA executed by your husband/principle empowering you to sell the property to the extent of his share and you are the owner of the other share in the property, therefore nothing prohibits you from selling the property to a third person on behalf of yourself as well as on behalf of your principle. You can repay the loan amount out of the sale proceeds. Legally, your husband cannot claim once the sale is completed due to the validity of the POA in your favor.