Purchase of property
T M SREENIVASULU
(Querist) 07 December 2014
This query is : Resolved
Hello sirs,
I want purchase an apartment in bandlaguda, hyderabad, telangana state. the owner of the property resides in the U.S.A. i.e., an NRI. At the time of purchase of this property, he was not able to present in person for registration process to purchase the property but purchased the property through power of attorney in the name of his representative i.e., his father. And now also he is not able to come to India to sell this property but wants to sell this property through power of attorney in the name of his representative i.e.,again it is his father. Is it safe for me to purchase through power of attorney? Is it legally valid throughout the generations to come in future? otherwise what are the other ways to purchase?
thanking you,
Advocate M.Bhadra
(Expert) 07 December 2014
A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the principal authorizes the agent to do certain acts specified therein, on behalf of principal, which when executed will be binding on the principal as if done by him.
The power of attorney is framed complying with laws of both the countries involved. (In the present case USA and India) The deed is made sustainable to legal challenge by notarising it from the authorized officer in the Indian Consulate/Embassy as he is a valid notary under Indian law under section 3, Diplomatic and Consular Officers (Oaths and Fees) Act, 1948.
Once the deed is executed from the embassy, it is sent to India for registration along with all the signatures and the payment of stamp fees according to section 2(17) along with schedule I of Indian Stamp Act, 1899. Once registration is done under the adjudication of the sub-registrar, the legality of document can be proved in the court of law beyond all reasonable doubts.
So,you can proceed after comply the above formalities.
Anirudh
(Expert) 07 December 2014
Yes, you can get the sale deed executed by a duly constituted power of attorney of the real owner.
However, you have to ensure that the Power of Attorney is registered (without registration it has no value); it has a specific clause authorising the power of attorney holder to sell the property in question. Even if the power of attorney is registered, but if that power of attorney does not contain the specific clause authorising him to sell the property, then it is of no use and you cannot buy the property on the basis of that inadequate power of attorney.
Again, let me reiterate, if the Power of Attorney is registered and gives specific authority for selling the specific property in question, then you can go ahead and purchase. Otherwise not.
Sailesh Kumar Shah
(Expert) 08 December 2014
No room left by the learned experts to add further. I do agree.
Rajendra K Goyal
(Expert) 08 December 2014
You can purchase the property through POA holder. Get all the documents including POA scrutinized by your lawyer.
ajay sethi
(Expert) 08 December 2014
agree with MR Anirudh
malipeddi jaggarao
(Expert) 09 December 2014
Agreed with Expert Mr.Anirudh about the legality and with Expert Mr.Bhadra about the procedure for execution of Power of Attorney. You can verify the POA as its validity on the above points and then go for purchase of the property.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
After fully observing the points cautioned by experts above, you may, in addition, take a second opinion from a local lawyer before finalising the deal.
