Can owner sell to 3rd party after making power of attorney in my name?


Can the owner of a land selling it via Power Of Attorney sell it to someone else after getting into a POA with one party? I am purchasing a open plot by taking a home loan from a person who is asking for half the amount to get into an Agreement to sell and is not giving anything in writing.

 

I plan to make the full payment to him now and make the GPA - General Power of Attorney. Is this engagement safe and will the bank give loan on this GPA?

 

Can the owner sell it to another person after he makes the GPA in my name?

 

Answer

 

After the recent decision in Suraj Lamps case by the Hon'ble Supreme Court, sale through a combination of WILL / GPA / SPA / ATS is not a sale in the eyes of law. Further the buyer will not get perfect title of the property. The only way to purchase property is through a valid Sale Deed / Conveyance Deed duly registered in the local sub-registrar's office.

 

Since the decision is applicable in your case, the Power of Attorney will give you limited title and the current owner can further grant power of attorney. Also the banks will not grant any advance/loan on such properties after the aforesaid decision. You still can check with the concerned bank for clarification.

 

The seller will be at liberty to sell the property to any other person since the effect of a GPA has been clarified by the decision of Hon'ble Supreme Court.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

I purchased a residential apartment . the distribution is done between 2 brothers among them one of whom is a minor ( 16 years when the GPA is done). …

Read More

How to recognise whether it is huf or not all family members are signing to sale part of property does it count huf or not power of attorney is given …

Read More

I have done irrevokable power of attorney to Mr.Parmar [not registered] now his cousin brother Mr.Jain want to take over the project with consent of M…

Read More

Respected sir mera ghar 2 manjila hai jismai uppor wale floor jo hai usme me chahta hu 1-2 saal ke liye me malikana adhikar ho i mean me jisko marzi k…

Read More

Talk to a lawyer for your legal issue