R Muralidharan (Accounts Consultant) 02 December 2008

Registered Power of Attorney

Original allottee of Bangalore Development Authority has executed and registered a General Power of Atrtorney for a Residentail Flat in favour of a party. The party has paid all the dues to the BDA on behalf of the principal and when he approached the BDA for registration of the property by way of sale deed from BDA, the said authority is requiring the original allottee to present himself before them and sign in their register before effecting the sale deed in favour of the allottee as represented by the GPA holder.

Now the GPA holder is not in a position to produce the allottee in person to complete the formalities required by the BDA in respect of the allottee appearing in person before them.

Can anybody inform me of the way out in this typical case of procedural difficulties and advice.

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5 Replies

TVD Rajkumar (Advocate) 09 December 2008

Does your so called GPA authorise the agent to execute all documents, sign all registers, etc., for transferring the property from BDA to the principal. If so the act of BDA is illegal. you may file a suit for specific performance.

In such kind of matters a GPA is not always armed with necessary aresenal. A better option would be to go for a Special Power of Attorney containing within its fold all activities relating to making payment, obtention of receipts, signing of registers, documents etc,

R Muralidharan (Accounts Consultant) 12 December 2008

Yes and thaks for the reply

Sushil Kumar Bhatia (Advocate) 13 December 2008

A general power of attorney holder can act on behalf of his principal i.e executant who executed POA to particular person if there is an act to get sale deed from said authority then POA is ompetent person to get it if Bylaws of BDA donot permit these type of transations you cant obtain sale deed moreover you should give a representaion in writing to the BDA that you are competent person to get sale deed executed by BDA in your behalf but in name of original allotte.

P.Elamaran (Law Officer in a CPSU) 13 December 2008

Hi Mr Muralidharan,

If the donee has been empowered to sign all kinds of legal documents under the said GPA , he can very well sign the register of the BDA on behalf of the donor for getting the Sale Deed executed. I think the BDA authorities cannot go back from their promise and you have made out good base for a suit for specific performance of the contract.