Power of attorney
S. Fernandes
(Querist) 15 January 2015
This query is : Resolved
Dear Sir please advise if a Power of Attorney given to sell immovable property must be compulsorily registered.
Thank you
Devajyoti Barman
(Expert) 16 January 2015
yes, it is compulsorily registrable document.
S. Fernandes
(Querist) 16 January 2015
Since I am not a lawyer, and I am representing myself, can you please help me giving the citation if any or section of statute that make a POA document compulsarily registrable,
Thank you
Anirudh
(Expert) 16 January 2015
Can you please clarify as to what do you mean by saying "I am representing myself" and what that statement has to do with POA?
S. Fernandes
(Querist) 16 January 2015
Dear Sir,
I am representing myself, meaning I do not have a lawyer representing me, in the matter.
Opposite party has claimed title to an immovable property registered in the name of a subsisting partnership, which is the subject matter, and is relying on a sale deed that is executed by a POA holder actiing on behalf of the Partners of the firm, hence the following questions arise:
1. POA is not registered. is it required to be??
2. POA is executed by 3 persons stating that they are the Partners of the firm. but nowhere in the document have they said that the donee of power is appointed on behalf of the firm, rather they have said that donee is appointed to act on "our behalf as Partners".
Is this correct??
Can there be something as an agent of a Partner.
Can immovable property of a firm be sold through an agent of the Partners of the Firm, while the firm is subsisting??
Sec-18, 19,20, & 22 appear to the contrary.
Kindly advise
Thanking you,
Sailesh Kumar Shah
(Expert) 17 January 2015
now question is change.
apparently, it is seen that poa was given to purchase, so purchase transaction valid.
you have raised another question that "Can immovable property of a firm be sold through an agent of the Partners of the Firm, while the firm is subsisting??"
answer of above is no.
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
The POA deed without specifying the act of selling the property will not empower the agent to sell the property of the firm and any such can be challenged by the vested interest. The POA deed for sale or transfer of immovable property is to be registered, there is a latest ruling for this by Apex court you may search for the citation through internet.
Dr J C Vashista
(Expert) 20 January 2015
You have adequately been advised by the experts. Show the document to a local lawyer, so that proper advise can be given.
Anirudh
(Expert) 20 January 2015
Dear Mr. Fernandes,
Pl. indicate how many partners are there in the Firm.
S. Fernandes
(Querist) 20 January 2015
Sir
There are 3 partners
