PROPERTY MATTER
SUBHASH SHARMA
(Querist) 18 August 2010
This query is : Resolved
ONE OF MY CLIENT WANTS TO PURCHASE A PROPERTY AT UNAUTHORISED COLONY WHICH SEEMS TO BE REGULARISED AND PROVISIONAL REGULARISED CERTIFICATE HAS ALREADY BEEN OBTAINED BY THE COLONY.
SINCE SALE DEED AND POWER OF ATTORNY IS BANNED FOR LAST FEW YEARS.
IF HE PURCHASE THE PROPERTY ON THE BASIS OF POWER NOTIRISED ATTORNEY.
HOW AUTHENTICATED THIS POWER OF ATTORNEY IS IN FUTURE CAN HE GOT SALE DEED REGISTERED OR CAN HE SUE IN THE COURT IN CASE OF FRAUD.
KINDLY SUGGEST.
REGARDS
SUBHASH SHARMA
c n vittal rao
(Expert) 18 August 2010
A notarised power of attorney is valid A NOTE OF caution get the power of attorney carefully drafted every delegated power to the attorney must be SPECIFIC AND CLEAR secondly spell out in the acompanying agreement all the special reasons for resorting to this arrangement if there are otherwise no reason to presume unlawful intent all components of the arrangement will be legally enforceable
Chanchal Nag Chowdhury
(Expert) 18 August 2010
If the land is not transferable,nothing can be done.Transfer of land is compulsorily registrable- notarised agreement/POA will not do.
niranjan
(Expert) 18 August 2010
It seems that tenure of land is new tenure which means that transfer is prohibited and there is definite condition that if the land is to be transferred prior permission of the competent authority is tobe obtained and therefore I am of the opinion that such a land should not be purchased under the guise of power of attorney.
bhagwat patil
(Expert) 19 August 2010
If the land is in unauthorised development only possession can be transfered not the title.notarised argeement or poa is not a way out.
