Power of attorney can be used to sale property?

Querist : Anonymous (Querist) 26 November 2011 This query is : Resolved
i was purchase shop in the yr 1994 and sale deed is my own name but power of attorney is on my brother name,can my brother sale my property without me.the suprem court judjment was the GPA can not sufficient to sale but what is the legal reason behind that,then what would be meaning of power of attorny when person want to transfer is rightof interest pls clarify in brief.

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Sailesh Kumar Shah (Expert) 26 November 2011
who is given power of attroney to your brother.

Devajyoti Barman (Expert) 26 November 2011
I could not understand your query.

Sankaranarayanan (Expert) 26 November 2011
if you given that PA to your brother , then he can sell the property on behalf you.

Advocate M.Bhadra (Expert) 26 November 2011
Your brother can sell the property if he has registered Power of Attorney as executed by you,we are not conversant with Hon'ble Supreme Court Judgement and have no statue law in this respect.

M.Sheik Mohammed Ali (Expert) 26 November 2011
yes, i do agree

Raj Kumar Makkad (Expert) 26 November 2011
I do agree.

M V Gupta (Expert) 26 November 2011
First of all your question is not clear. If you had purchased the property in 1994 under an agreement for sale which is in your favor and the POA is given by your vendor to your brother to complete the transaction by executing the sale deed in your favor and the sale deed is not executed then your transaction will be afected by the Supreme Court judgement in Surya Lamp Industries case. Your title will not be complete unless you get the sale deed executed in ur favor with proper stamp duty and registration of sale deed. If the facts are as stated above, then your brother cannot sell the property to any other person than you since the power is to complete the sale in your favor. Pl check the POA.

Rajeev Kumar (Expert) 27 November 2011
I agree with experts

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