can a general power of attorney holder for another person, can sell the property to himself.
Is there any relevant case law related to this & is this transfer legal if the donor is not objecting.
Palash Jawa (Adv.) 01 February 2015
can a general power of attorney holder for another person, can sell the property to himself.
Is there any relevant case law related to this & is this transfer legal if the donor is not objecting.
Dr J C Vashista (Advocate) 01 February 2015
The covenants of the document shall decided, whether the attorney has been authorised to sell or not. Show the document to a local lawyer and seek his/her advise.
Palash Jawa (Adv.) 01 February 2015
sir,
it is a general POA & the covenants have the clause . still is it legal & is this transfer legal.
Kishor Mehta (CEO) 01 February 2015
Sir,
[1] The terms, conditions and covenants of POA shall decide whether the POA holder has been awarded right to sale, whether POA holder has been expressly awarded the right to sale to himself? Whether the POA has been registered?
[2] When the owner raises a doubt about the bonafides of sale to self, such sale by POA holder has the chances of being proved infructuous.
[3] Better consult a local advocate.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate (Advocate) 02 February 2015