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Sale Deed of a property through Power of Attorney holder
28-Jul-2023 (In Property Law)
I am finalizing a deal with Mr. A for sale of his NA plot in PMC jurisdiction. Mr. A is out of India & not willing to travel in current situation. Before moving out, he executed GPA to his brother-in-law, Mr. B. GPA is on Rs.500/- stamp (actually Franking) and is registered with Pune Sub-Registrar.
POA has general terms like, Mr. B is allowed to conclude the transaction for purchasing/selling & to sign and execute all agreements, sale deeds, and other deeds which he shall consider necessary & to enter into as maybe required for fully & effectually purchasing/selling/gifting the said properties as we could do ourselves, if personally present.
"The said properties" has a general definition, "Mr A is desirous of purchasing/selling residential flats as well as land properties at Pune, Mumbai, or anywhere in India".
I read few articles that the sale of a property via POA is not valid.
Can you plz suggest if it's safe or should I insist on sale deed with the original owner, Mr. A only?
Hi,
POA sale through a registered POA, having specific rights in respect of the property in the schedule of the POA is valid and subsisting.
You need to take following steps in case the POA is to be used for the purpose of the transaction.
1. Get an email from the real owner stating that such a POA is executed and that the authority endowed upon the Constituted Attorney is valid and subsisting. Please also speak to him over Zoom call and record his statement during a conversation.
2. Let the owner send an scanned copy of the PoA over email to you and also his brother in law. for records purposes.
3. Take email permission for Paper Ad and Search and let the Owner consent it formally.
4. Get the POA checked at Sub registrar, before registration of your document, whether its tenable and can be utilised.
5. The sub Registrar can ask for a specific POA mentioning the Property in schedule of the POA, this is a routine process. You have General POA.
6. Usually, POA are given to first kin and no stamp duty is attracted on the same, your POA is being given to Brother in Law that to for sale of property which is not absolutely appropriate as a rule, but yet can be used by him for generic purposes.
It would be best to have a sale deed executed with the Owner to avoid all above matters. what can be done now is let the MOU be signed with the Brother in Law against the Bayana and just notarized it, thereafter go ahead for sale deed registration subsequently on the owner returning to india.
POA sale through a registered POA, having specific rights in respect of the property in the schedule of the POA is valid and subsisting.
You need to take following steps in case the POA is to be used for the purpose of the transaction.
1. Get an email from the real owner stating that such a POA is executed and that the authority endowed upon the Constituted Attorney is valid and subsisting. Please also speak to him over Zoom call and record his statement during a conversation.
2. Let the owner send an scanned copy of the PoA over email to you and also his brother in law. for records purposes.
3. Take email permission for Paper Ad and Search and let the Owner consent it formally.
4. Get the POA checked at Sub registrar, before registration of your document, whether its tenable and can be utilised.
5. The sub Registrar can ask for a specific POA mentioning the Property in schedule of the POA, this is a routine process. You have General POA.
6. Usually, POA are given to first kin and no stamp duty is attracted on the same, your POA is being given to Brother in Law that to for sale of property which is not absolutely appropriate as a rule, but yet can be used by him for generic purposes.
It would be best to have a sale deed executed with the Owner to avoid all above matters. what can be done now is let the MOU be signed with the Brother in Law against the Bayana and just notarized it, thereafter go ahead for sale deed registration subsequently on the owner returning to india.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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