Genral power of attorney
raghavendra
(Querist) 12 May 2012
This query is : Resolved
sir,
i have given the general power of attroney to another person,,in that POA i have assigned entire power to that person including sale,,can that POA holder sale that roperty in my abense now with out taking my signature.
how can i stop him to transfer the property in my absence witthout his knowledge .is there any way to this this legally .
POA done in 200 stamp paper with my signature and notory signature
thanking you
Adv.R.P.Chugh
(Expert) 12 May 2012
A transaction of sale of immoveable property cannot be effected on principal's behalf by the agent in absence of registration of POA as per procedure laid down in S.33 of the Indian Registration Act, 1908.
Reproduced here
{33. Power-of-attorney recognisable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognised, namely:-
(a) if the principal at the time of executing the power-of-attorney resides in any part of 18[India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 25[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 18[India], a power-of-attorney executed before and authenticated by Notary Public, or any court, Judge, Magistrate, 26[Indian] Consul or vice-consul, or representative 27[***] of the Central Government:
PROVIDED that the following persons shall not be required to attend at any registration-office or court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely-
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5[Explanation: In this sub-section "India" means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897.]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or court hereinbefore mentioned in that behalf}
To revoke POA you can give a notice of revocation coupled with a public notice in a newspaper.
ajay sethi
(Expert) 12 May 2012
power of attorney has not been registered .. in absence of registration POA holder cannot sell the property . registrar will not register sale deed .
Shonee Kapoor
(Expert) 12 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 13 May 2012
Yes!Brother Chug is right.
The POA mentioned by you is simply notarized and not registered hence it is void and does not confer any power to sale.
You should however cancel it if differences has emerged between you two by a publication of notice in news paper of vide circulation because there might have been written some more powers for which it might hold validity.
