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Land registry is not allowed can I make POA


27-Apr-2023 (In Property Law)

I bought a piece of land in Faridabad, and there are few instalments are remaining but property agent is telling that the registry process is not happening in Faridabad (Haryana). They are suggesting me that you we can make your power of Attorney with your name and all the things will be mention in POA as registry and they will let me know when process of registry started. So I am so confused weather I should go for POA or should be wait for starting for registry.

Answers (2)

Answer #1
993 votes
POA sales are not valid, as POA is valid if given in blood relation and not otherwise. Usually Sub Registrar office will not register POA unless given to someone in blood relation. Earlier sale used to happen though POA however in addition Agreement to sell, Will and Receipt of payment were set of 4 documents which used to be required, out of which one document must have been registered.

The area for which sale deeds are not registered by Sub Registrar concerned must be unauthorized colony, or licence may not have been granted to such colony which means its unauthorized. Hence you must think twice before investing in such property.

Answer #2
998 votes
The Supreme Court has held that immovable property can be legally and lawfully transferred or conveyed only by a registered deed of conveyance. Therefore, since sale agreement, GPA and will transfers do not convey any title, they do not amount to transfers. Such transfer documents cannot be recognised as deeds of title. However, the Supreme Court has also said that any genuine or good-faith transactions would not be invalidated by the decision. Thus, even if you make a POA now eventually to perfect your title it must be registered.

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