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Sayed Maqsood Ahmed   11 February 2023

special power of attorney to sale flat in joint name

dear learned advocates,

I and my wife are joint owners of a flat in pune city in maharashtra state.

I am resident of Ahmednagar which is also a city in Ahmednagar.

now I want to sell my flat and would like to use the special POA issued in my favour by my wife and Registered in the sub Registrar's office in Ahmednagar and not in sub registrar office in pune.

will it be OK for me to sell the flat of pune on the basis of the spl poa registered in Ahmednagar. kindly advice legal views

Best regards


Learning

 10 Replies

Adv Syed Farhan Ali   12 February 2023

yes. you can sell the said flat holding spoa.

Advocate Bhartesh goyal (advocate)     12 February 2023

If special power of attorney is duly registered in sub regisrar office and descripttion of property is correctly mentioned in it then you can sell the property on basis of power of attorney.

Dr J C Vashista (Advocate)     12 February 2023

I concur the opinion and advise of senior experts.

Sayed Maqsood Ahmed   12 February 2023

Many thanks sir

kavksatyanarayana (subregistrar/supdt.(retired))     12 February 2023

Welcome.  The senior experts well advised you.

N.K.Assumi (Advocate)     13 February 2023

With due respect to the view of the learned members, I have my reservations on this issue, based on Supreme Court Judgment. Scope of Power of Attorney:
A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1A and Section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee. Thus, I am of the view that there cannot be a sale or transfer by such SPOA, rather it is a device of encouraging criminal activities.

Real Soul.... (LEGAL)     13 February 2023

Agree with Mr. Assumi, it has been ruled that  immovable property cannot be transferred through a POA,  in 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Both of the owners need to appear before registering authorty for registration of sale deed.

N.K.Assumi (Advocate)     13 February 2023

The Law on this score is crystal clear. Unfortunately, I have experience in courts some documents such as undertaking etc, not even POA or the SPOA, but mere undertaking purporting to transfer immovable property by such unmeaning and ambigous documents, and it rather embrassed me seeing such documents in court, purporting to transfer or sale immovable property which is unknown to Law. 

Toont1944   14 February 2023

In your case, the flat is located in Pune, which is in the state of Maharashtra, and the special POA is registered in Ahmednagar, which is in the state of Ahmednagar duck life. It is possible that the laws of the two states regarding the execution and registration of POAs are different.

Sayed Maqsood Ahmed   14 February 2023

Dear Sir

 

Thanks for your quick answer.

Both cities are in maharashtra state 

 

Best regards 


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