Power of Attorney
Ranjeet Singh
(Querist) 04 July 2011
This query is : Resolved
I want to purchase a piece of land located in the locality of Digha, Patna, Bihar, whose first owner was puchased from a Coperative society and second owner was purchased that land on power of attorney from first one. Now, second owner want to sale the land on power of attorney (Kolkata). Is valid deal or not ?
R.Ramachandran
(Expert) 04 July 2011
Lots of problems take place in the transactions involving Power of Attorney. In many cases, the original owner revokes the power of attorney. Therefore, it would be adviseable for you to ask the seller to first have the proper Sale Deed executed in his favour, and then he can execute a Sale Deed in your favour.
Otherwise, I am afraid, you will have problem later on. The title in the property may not pass to you.
Devajyoti Barman
(Expert) 04 July 2011
Though on the strength of a validly executed and registered POA the constituted attorney can transfer the property to a prospective buyer the problem arises when behind the back of the buyer there is a ongoing dispute or rancour between the principal and the agent.
Hence its is always advisable that the POA is properly searched through the concerned Registration office and have a one to one with the Principal.
Shashikant V. Patil
(Expert) 05 July 2011
Our learned friends are right. The two entity in the eyes of law are totaly different, i.e. Principal and POA holder, this required a proper search of records.
