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?
Dr J C Vashista
(Expert) 06 October 2013
You have provided half, vague and incompleted informations such as
1. You have not mentioned the specific deed i.e., whether it was PAO, Sale, Gift, Mortgage or any other deed of transfer of title in your name.
2. The completion certificate obtained by builder from Pune Municipal Corporation is in the name of builder or executant of POA?
3. What are the terms & conditions of POA i,e,rights and obligations of attorney?
4. How can you partition the flat for transferring a part of floor to some one else if you want to handover possession?
prabhakar singh
(Expert) 06 October 2013
The development agreement entered into between builder and landlords ,even if unregistered,is valid.
But a notarized POA by the landlords giving right to transfer to the builder is bad in law for want of registration.
Even if the portion transferred in your favor belonged to the share of builder,how can land underneath belonging to the land lords can be undertaken to have been transferred to you by the builder without
signature of landlords who owned and still owns the same in absence of a valid POA in favor of the builder.
Rajendra K Goyal
(Expert) 06 October 2013
The Advocate is correct in not accepting the notarized POA. The consent of Landlord need to be taken.
R.K Nanda
(Expert) 06 October 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 07 October 2013
The transfer in favour of you is also illegal and is a matter of question mark. It shall be good if you search out the landlord of the land and get the NOC of him qua the transfer made to yo by builder by way of his Notarized POA.
Anirudh
(Expert) 08 October 2013
I am afraid. Mere NOC from the land lord in favour of the developer is not enough. Either the landlord himself should convey the undivided impartible proportionate share of the land underneath, or give Registered Power of Attorney in favour of the builder to do so on his behalf. Anything short of this will carry the defect althrough.
ajay sethi
(Expert) 08 October 2013
its a repeated query
