Legal Question in Real Estate Law in India
A Principal executed a Power of Attorney authorising agent to sell his house. An agent is interest in the said house. Can that agent execute a sale deed of that house on behalf of Principal under a power of attorney as a Seller in favour of himself as a purchaser.
for better understanding of question following is the example
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A executed power of attorney in favour of B, to sell his house. B purchased house of A under the power of attorney.
Whether A can act as a Seller under power of Attorney holder and a purchaser simultaneously.
Can the sale deed be executed by an agent as Seller and Purchaser at the same time.
2 Answers from Attorneys
Not any more. As per latest supreme court judgement, PoA can be given only in favour of near and close family members and not in favour of the purchaser.
In case there is no power or authority to attorney to purchase in his own name, then such exercise of power by attorney would be contrary to section 215 of contract act and sale deed may be voidable.
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