Power of attorney holders wants to sell flat
D Chavan
(Querist) 12 May 2014
This query is : Resolved
Mr "X" (staying abroad) is a owner of a flat in our society. Mr. "B" is Power of Attorney Holder of "X" since 2002. As per PA Mr.B can sell the flat. The flat is on Rental since 2002. Now B wants to sell the flat. The PA Holder has submitted letter for NOC to sell. Society has not seen the owner since 2002.
Please advise us how Society should deal this transaction so that it in accordance with Act and Bye-laws of the society.
Devajyoti Barman
(Expert) 12 May 2014
If the bye laws of the Society does not put any restriction on sale of a member's flat by a POA holder, then certainly B can sell the flat.
No difficulty in it.
Kumar Doab
(Expert) 12 May 2014
Mr. Barman is right.
You are not wrong in your apprehension that whether the actual owner that has given POA is alive or not.
The POA is alive till the time the owner that has given POA is alive.
ajay sethi
(Expert) 13 May 2014
society should have no objection for sale of flat . since POA authorises POA to sell the flat society should not create any roadblocks in the sale . to be on safer side ask POA holder to obtain letter from seller that he wants to sell the flat . just to verify that seller is alive or not .
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
Rightly advised by Mr. Ajay Sethi on the subject, so if you want to be doubly confirmed about the actual owner's/principal is alive or not, ask him (POA) to ask his Principal to write to the society seeking NOC, which may confirm the issue.
R.V.RAO
(Expert) 13 May 2014
yes. society will follow its bye laws,and approve or deny permission accordingly.also in the interest of buyer,better confirm the issuer of POA/original owner who gave POA, is alive as advised by LCI experts above.
D Chavan
(Querist) 15 May 2014
Thanks to all the experts for giving valuable advise.From the opinion of all the experts we have told the POA holder to call the owner from abroad and to give letter personally to society for NOC as we have not seen the owner since 2002.
Thanks once again.
ajay sethi
(Expert) 15 May 2014
thanks for your appreciation
