Buying property from a power of attorney

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
I am planning to buy a property of an NRI who has goven the power of attorney to his relative in India. Wanted to know the following;
1. In whose name the payments should be made (the owner or the one who has power of attorney)
2. Whether the person having power of Attorney can sign the property registration
3. Is the owner required to sign any documents at any point of time during this deal

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Devajyoti Barman (Expert) 23 October 2010
1. As provided for in the POA. Generally to avoid future complications it is the principal in whose name the payment is made.
2.Yes if the POA is registered.
3. No, not at all.

Raju Ramparag Gupta (Expert) 23 October 2010
Agree with Mr. Barman.
see the power assignedin the POA and act accordingly

s.subramanian (Expert) 23 October 2010
You have to carefully peruse the Deed of Power of Attorney. You have to ascertain if the power to sell,collect the sale price,issue receipts,sign the sale deed on behalf of the principal,appear before the registering authority for presenting the document for registration. The deed must have been registered as per law.

Khaleel Ahmed Mohammed (Expert) 23 October 2010
I agree with Mr.subramanian.

R.Ranganathan (Expert) 23 October 2010
You can purchase the property from the power agent, if the power contains the clauses - To sell, register the sale and to receive the sale consideration - then you can safely pay the consideration to the Power Agent and get the sale registered in your favour and the same is valid.

Kirti Kar Tripathi (Expert) 23 October 2010
It depends on clauses of the Power of Attorney. please go through carefully and accordingly.

Uma parameswaran (Expert) 23 October 2010
Apart from the valuable suggestions above ,I am suggesting you to check the validity of the power of Attorney and the back documents of the property.

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