Transfer of property

Querist : Anonymous (Querist) 14 August 2011 This query is : Resolved
Can a notary power of attorney made in 1993 be used to transfer/sale immovable property.

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R.Ramachandran (Expert) 14 August 2011
An immovable property can be transferred / sold only on the basis of a Registered Power of Attorney. Notorised power of attorney is not valid.

ajay sethi (Expert) 14 August 2011
i agree wiith mr Ramchandran . registarion of power of attorney is must

Querist : Anonymous (Querist) 14 August 2011
But sir, Power of attorney was issued in 1993, and only after the year 2000 it became mandatory to register it. So now if someone has an old POA, can he execute a sale deed. Also the POA holder is a partner of the firm holding the property and relative of the other owners.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 August 2011
No since Registration act is old.

Querist : Anonymous (Querist) 14 August 2011
can you please advice me since when is it required to be registered only and notary cannot be accepted.

jatin sharma (Expert) 14 August 2011
the registration act is retrospective nature Act so the notary tested poA is voidable.

Querist : Anonymous (Querist) 14 August 2011
@jatinji : So you mean that all POA issued before on notary attestation turn void and nullified and cannot be used anywhere.

jatin sharma (Expert) 14 August 2011
it is depend on the person who was executed it. if he have objection on it then it will be void.

Querist : Anonymous (Querist) 14 August 2011
But I have made payment and taken the POA. Now how can he object ..

jatin sharma (Expert) 16 August 2011
the POA is not a sale deed agreement.he has right to object or cancel it.

girish shringi (Expert) 17 August 2011
If your POA is irrevocable and coupled with interest supported by other documents,you can relied upon it.
Further if your POA must not be mentioning the period of the use by the donee.

Advocate Rajiv Mishra (Expert) 21 August 2011
it is quite clear that u obtained poa against consideration 4 the sake of saving stamp duty, if the said poa would be the registered one, owner any time can cancell it without any obligation.

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