Power of attorney
Vishwas Dhavale
(Querist) 03 April 2012
This query is : Resolved
Will you be kind enough to mention the amendment in law which made the Power of attorney to sell immovable property compulsorily registered & oblige?
Nadeem Qureshi
(Expert) 04 April 2012
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your query is not clear
Raj Kumar Makkad
(Expert) 04 April 2012
Hon'ble Supreme Court of India has held this concept while delievering a landmark judgment in Suraj Lamp Company versus State of haryana & others on 08 Oct 2011.
What did the Supreme Court say?
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
Deepak Nair
(Expert) 04 April 2012
Well advised by Mr.Rajkumar Makkad.
valentine thakkar
(Expert) 05 April 2012
Dear Shri Makkad
My client purchased a flat in Maharashtra and registered by an Agreement to Sale. Now he wants to sell the flat but the president and secretary of the society say that the title of the property is not clear. My cleint argues that in Maharashtra Agreement to Sale is valid as in flats only possession is transferred and not the flat. How to solve the problem? Would the consent of the other party be necessary? Please advise.
ajay sethi
(Expert) 05 April 2012
asl the secretary to give reasons in writing . contact a local lawyer and then reply to said letter
M V Gupta
(Expert) 05 April 2012
Mr. Viswas Dhawale, There is no amendment to law requiring POA to sell immovable property compulsorily regd. Depending on the circumstances of the case parties some times decide to register the POA.
As regards the query posed by Mr.Valentine Thakkar, in Maharashtra transfer of flat in a coop Society is done by a Regd Agreement for sale which has to be stamped as per the concessional rates prescribed under the Bombay Stamp Act. The model bye laws require the transferor and the transferee to file the sale agreement along with forms prescribed in the bye laws with transfer fee etc. The Society cannot refuse to accept them and effect the transfer of the flat in its records.Your client is correct in his stand.
Shashikant V. Patil
(Expert) 05 April 2012
Dear Valentine Thakkarji,
As far as your query concern, It's a usual practice of builders to sale a flat by way of Agreement to sale to the flat owners, but by which the flat owners will not get any ownership rights. Untill unless builder is not executing the convyance deed in favour of society the ownership rights are still with the builder only. As per Maharashtra Owership Flat Act 1963 (which was amended in 2009) in which it is clearly states that, builder after selling 60% of flats overall, he has to form society , if he is not showing interest, then flat owners, have to take initiative by producing documents like their agreement to sell, layout or plan approved and receipt of stamp duty paid alongwith an application submit to Deputy Dist. Registrar of Coooperative societies. Then accordingly you will have to form the legally housing society then later on builder has to execute the conveyance deed in favour of society. This way all flat owners or member of society then becomes legally owners of the socieity.
