Bought basement on POA due to registry ban. How to get it registered?

712 votes

Thank you for the query. Effecting the sale of a property through a power of attorney has now become redundant if the property if the transaction is between persons who are not family members. In Delhi and in several other jurisdictions, this was a popular way of transacting the sale of immovable property as one could avoid paying a heavy stamp duty.

However, as of 11.10.2011 the Supreme Court has held in Suraj Lamp & Industries (P) Ltd. (2) v. State of Haryana, (2012) 1 SCC 656 that immovable property can be transferred/conveyed only by deed of conveyance (sale deed) duly stamped and registered as required by law. GPA sales or SA/GPA/living will transfers neither convey any title nor do they amount to transfer of, or create interest in, immovable property except to the limited extent of S. 53-A of the Transfer of Property Act, 1882.

Therefore, the power of attorney sales prior to 11.10.2011 have been recognized and can be registered by paying the applicable stamp duty. If you feel that you have sufficient grounds to proceed you could file a suit to compel registration. You should have an Advocate whet your documents to get a clear picture on where you stand before proceeding as your power of attorney is not registered. Hope this was of help to you.

LawRato LawRato

608 votes

in this circumstances you have only one option to file declaratory suit in the concerned court to declare yourself as owner of the property bought from the previous owner on the basis of power of attorney. there the no other remedy available in my view.

Advocate Yogesh Kumar Vidyakar LawRato