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What is the risk involved in buying property on Power of Attorney?
31-May-2023 (In Property Law)
Is registry open in delhi for freehold 50 sq yard plot? This is in Gokulpur Gaon at loni border. Can I buy it basis Power Of Attorney if the registry is not happening? What is the risk of buying a property on POA?
It is important to note that, with effect from 27th April 2012, Sale of property through General Power of Attorney has been banned in Delhi, in view of the Supreme Court's judgement dated 11th October ,2011, given in the case of Suraj Lamp & Industries Pvt Ltd Vs. State of Haryana. The Supreme Court has clearly stated that sale transactions carried through GPA/POA will have no legal sanctity.
"A transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred,"
In view of aforesaid, we do not advise you to purchase the property on POA.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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