Legal Question in Real Estate Law in India
Sir, I want to buy a plot. The owner of plot possess only Registered General power of Attorney. Can he execute a sale deed on behalf of the Principal? Is it a valied transfer? The Power of Attorney holder is not related to the Principal. please clarify.
Asked on 10/20/11, 7:21 am
2 Answers from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
As per latest supreme court judgement, the PoA, if not a close relative of the original owner, cannot transfer any property.
The authority may not recognise the PoA in his favour; and hence the sale deed may not be registered in your favour.
Therefore, you ask the PoA holder to get the sale deed executed in your favour from the original owner.
Answered on 10/20/11, 9:40 am
Shrichand Nahar
S.V.Nahar, Advocate
A transaction on the basis of power of attorney is risk. Be careful and guided by your lawyer.
Answered on 2/07/12, 1:33 am
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