Notorised power of attorney - 1995
Rajendra Kashinath Patil
(Querist) 06 October 2013
This query is : Resolved
Builder has notorised POA and development agreement from land lord in 1995 at Pune, Maharashtra. He constructed a building with sanctioned plan by PMC in 1997. He had completion certificate of said building in 1998 and 2000. He did transfer of apartment deal of 2 floors in 2003. The 3rd floor is transferred by a registered deed to me on 2013. The sub registrar has registered the deed. Now, I want to transfer part of the floor to another person. His lawyer objected the notorised POA. Lawyer is demanding land lord's signature. Land lord's signature are not practicable and possible. What should I do?
ajay sethi
(Expert) 06 October 2013
LAWYER IS CORRECT . PROPERTY CANNOT BE SOLD BY BUILDER ON BASIS OF NOTARISED POA . IT NEEDS TO BE REGISTERED POA FROM LANDLORD .
CONTACT THE BUILDER AND ASK HIM TO RESOLVE THE ISSUE OF OBTAINING LANDLORD CONSENT
R.K Nanda
(Expert) 06 October 2013
repeated query.
ajay sethi
(Expert) 06 October 2013
would not have replied had i known it was a repeated query
Rajendra Kashinath Patil
(Querist) 06 October 2013
As per a circular dated 7th March,2013, maharashtra govt. has implemented the provision of registration(Maharashtra Amendment Act 2010). The act has been made applicable on and from 1st April,2013.
The Act has added compulsory registration of POA relating to transfer of immovable property in any way, executed on or after the commencement of Act.
It means that before the commencement of Act, notorised POA was as VALID as registered POA for the transfer of immovable property. As the POA was executed before notary in 1995 and transfer deed done by builder in Jan,2013, rights of the property are already transferred to purchaser by registered document before the commencement of the said Act. So, there is NO need of registered POA.
Raj Kumar Makkad
(Expert) 07 October 2013
*Rajendera Kashinath Patil! It is highly surprising that the expert reply is being provided to lay-man taking the shelter of surmises and conjectures. May new Act makes compulsion of registration of POA from April, 2013 in Maharashtra as per your version but where is the affirmative provision in law before that period validating the Notarized POA for transfer of property?
Transfer of Property Act is not separate for Maharatthra.
Raj Kumar Makkad
(Expert) 07 October 2013
This query otherwise is also repeated one.
