Registering authority refusing to register plot on power of attorney
06-Jul-2023 (In Property Law)
My Brother in law had purchased a plot in gwalior somewhere in 2002 .He had registered agreement done at that time .My Brother in law expired in 2006 .The plot was not registered on his name , so later on my sister applied for registration & since the plot owner got posted in chaatigarh & not able to come ,he has given power of attorney in 2014 to my sister , but now the registering authority refusing to register the plot on the power of attorney . Pls revert on my query.
Your act is completely wrong and illegal becouse firstly the agreement was in fevour of your brother in law after death of your brother in law if he has not will in fevour of your sister or trancefered in fevour of your sister, your sister can not go for registry and the owner of the land also is not bound to sale the property to your sister.
So for as power of attorney is concern it is no mean your sister only can use the power of attorney on behalf of the owner of the property she can not registered the property on her own name by using power of attorney it is completely illegal and abuse the power given by the owner.
I will advice you that if the property in the possession of your sister then you wait to come the original owner in gwalior and again execute a fresh agreement by your sister's name or directly execute the registered sale deed, otherwise I think the registrar office is rightly refuse to execute the registry.
If any confusion you can contact me again through Lawrato.
I hope this advice will help you to understand and face the problem.
So for as power of attorney is concern it is no mean your sister only can use the power of attorney on behalf of the owner of the property she can not registered the property on her own name by using power of attorney it is completely illegal and abuse the power given by the owner.
I will advice you that if the property in the possession of your sister then you wait to come the original owner in gwalior and again execute a fresh agreement by your sister's name or directly execute the registered sale deed, otherwise I think the registrar office is rightly refuse to execute the registry.
If any confusion you can contact me again through Lawrato.
I hope this advice will help you to understand and face the problem.
A deed may be presented for registration either by claiming or executing party or by the agent who got attested power of attorney to present the document but the executant must be present to admit the execution of the deed.if the executant gives the power to the agent to present and admit the execution on behalf of the principal then the power shall be attested as per section 32 n 33 of registration act 1908.
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