What is the validity of an unregistered POA


I had given the power of attorney to my mother along with my brother and 2 sisters on 22/07/2000, after the death of my father for my ancestor’s house in our native place (Raigad District). POA is not registered; only Notary has been done. On May 2015, I knew that all of them without informing me gave that property to a builder for development. Now the building is ready. Then immediately I revoked the POA by giving proper notice to my mother through advocate. Can that transaction be illegal, as POA is not registered? Is there any time limit for POA? I have heard that Supreme Court has recently ruled that a POA for immovable properties should be registered. I do not know whether she has registered the transaction with Builder in registration office. If not, my presence in the registration office is necessary or not? Do they require my signature, thumb impression, photo, etc in the presence of Registrar? Can I execute stay order?

Answers (1)


207 votes

Yes you can file a suit for perpetual injunction and khas possession of the said land property from the concern builder who develop the said land.
first thing is that you are one of the legal heir of your father and you have a equal right in the said property . Being as a legal owner it is obligatory on the part of that concern builder to obtain your consent and signature by using legal means . So without obtaining your consent and signature the Development agreement which was executed between your mother and other legal heirs of your father totally is illegal and void in the eyes of law.
Second thing is that the power of attorney was not duly registered before the Register. so the document which is not duly register before Register has no any legal value in the eyes of law. So you can challenge all this things before court of law by filing a separate suit.
Thank you.
From- Adv. Sachin Prayag,Pune.


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