csesoft (Software) 14 February 2012

Power of attorney

I am going to buy a plot. Two of the owners has given power of attorney.

Is this sale deed legal?

As per following legal rule, POE cant give sale deed. Please confirm?

https://www.lawyersclubindia.com/news/General-power-of-attorney-has-no-legal-sanctity-SC-13383.asp

Thanks in advance.

Sanjeevi

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16 Replies

csesoft (Software) 14 February 2012

Can someone help on this?

sridhar pasumarthy (ADVOCATE) 14 February 2012

Is the power of attorney registered or unregistered?

Power of Attorney does not amount to sale deed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 February 2012

Dear Querist,

Sorry no answers for the time being. Experts would be back.

God Bless you !

csesoft (Software) 14 February 2012

Yes. POA is registerd.

I am not sure whether the sale deed will be legally acceptable.

csesoft (Software) 14 February 2012

can someone confirm on this?

Renu Sharma (advocate) 15 February 2012

power of attorney is not at all a sale deed. it can only be applicabe in blood relation as per the latest judgement of SC.

Renu Sharma (advocate) 15 February 2012

even if POA is registered then too its not a sale deed.

csesoft (Software) 15 February 2012

Thanks for quick response.

My question was, Lets say Person A give POA for sale to Person B.

Now Person B is selling a property to me. Is this legal now?

csesoft (Software) 15 February 2012

Thanks for quick response.

My question was, Lets say Person A(Actaul owner) give POA for sale to Person B(registered POA).

Now Person B is selling a property to me. Is this legal now

sridhar pasumarthy (ADVOCATE) 15 February 2012

Yes, it is valid. But, check whether POA is revocable or Irrevocable.

If it is irrevocable, no problem. Else confirm whether POA is still in existence or cancelled by the executant.

csesoft (Software) 15 February 2012

Thanks Sridhar. How do I verify whether it's irrevocable and existance status?

This doubt raised after seeing this article about POA.. Can you please comment on this article?
https://www.lawyersclubindia.com/news/General-power-of-attorney-has-no-legal-sanctity-SC-13383.asp

Thanks in advance.

sridhar pasumarthy (ADVOCATE) 15 February 2012

Go through the recitals of POA. If POA is supported with consideration, it is irrevocable else it is revocable.

SC held that transactions through GPA/SA are not concluded transactions unless they are culminated into registered conveyance deeds. The same is the intention of the author of the article.

If you have any more doubts, better to clarify them for the author of the article.

Mohammad Imran (Associate Executive Law) 15 February 2012

Yes, this is a special POA executed by A in favour of B authorising latter to sell the property.
This is a valid POA and B can sell the property to you. However, in the sale deed the seller will be shown to be A and and B. B will only sign the sale deed on behalf of A in the capacity of his lawfull attorney.