Notarized p.o.a of immovable property ?
Ganesh Chavan
(Querist) 25 August 2011
This query is : Resolved
I have attach the notarized Power of Attorney to Agreement to Sale of immovable property in Maharashtra State for Registration in sub registrar office is it works ? please clear the Legal points on this regard.Thanks.
prabhakar singh
(Expert) 25 August 2011
words in your query are so clubbed that i am unable to decipher what you want to know?
A general answer is that a POA with respect to sale or agreement to sale immovable property does require registration and if the agreement to sale is to be registered is proceeding via POA,then it(POA) should also be registered.If it was unregistered and has now been attached with agreement to sale getting registered ,the defect does not get cured doing so is my view.
But if at the time of execution of sale deed the real owner him self honors this agreement and him self signs the sale deed,then defect of non registration of POA shall get cured.
Ganesh Chavan
(Querist) 25 August 2011
There is a irrevocable P.O.A. in which the owner of the property give all the rights to sale his Property to the Attorney holder and this P.O.A. is only Notarized and the Attorney Holder wishes to Sale this property by making Agreement to Sale to third Party and I attach this notarized P.O.A.with other Property document for the registration of Agreement to Sale is it works because P.O.A. is only notarized.
R.Ramachandran
(Expert) 25 August 2011
An Unregistered Power of Attorney authorising the POA Holder to sell the immovable property is NOT EVEN WORTH THE PAPER ON WHICH THE P.O.A. has been granted.
In other words, a P.O.A. authorising to sell the property, IS TO BE REGISTERED ONE. A simple notorization is not at all enough.
Ganesh Chavan
(Querist) 25 August 2011
R.Ramachandran Sir,
only attachment of notarized P.O.A.with the Agreement To Sale for registration if not works I Register the P.O.A.before Registering Agreement to Sale but please clear Legal points on this, Why it is not works, Thanks.
R.Ramachandran
(Expert) 25 August 2011
Registered Power of Attorney is a requirement of law in case the power is there for selling an immovable property.
This is the legal point.
Rest is your wish and convenience.
prabhakar singh
(Expert) 25 August 2011
If you get Registered the P.O.A.before Registering Agreement to Sale ,only and only then,the defect would get cured and not otherwise.
Ganesh Chavan
(Querist) 25 August 2011
I will Register the P.O.A.before Registering Agreement to Sale .....
