Ownership of Flat & POA

ARUMOY (Querist) 20 January 2011 This query is : Resolved
I wish to get some clarification which is if a husband & his wife wishes to be joint owner of a flat, with POA from wife, can husband successfully execute alone or sign an agreement alone which states that both are owners of the property? And then , subsequently, while selling after some time , is a fresh POA required by any of the joint members to execute sale , in absence of one of the joint holder/on his or her behalf.

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Devajyoti Barman (Expert) 20 January 2011
No a single POA is sufficent but it must have to be a registered one.

Khaleel Ahmed Mohammed (Expert) 20 January 2011
POA can sell the property.

KamalNayanSaxena (Expert) 20 January 2011
In your case if husband executes the sale deed, no fresh power of attorney shall be required.

ARUMOY (Querist) 20 January 2011
To ask more clearly, is the property stays in joint name even if the agreement is signed by Husband alone in front of the sub-registrar with registered POA of wife .

Advocate. Arunagiri (Expert) 20 January 2011
If the property is jointly owned, the husband can obtain POA from his wife for executing the sale agreement as well the sale deed.

Advocate Bhartesh goyal (Expert) 21 January 2011
I agree with Mr.Arunagiri.

bhagwat patil (Expert) 26 January 2011
If you want to use the single single document POA for purchase and sale of the flat you have to mention it in the POA.of course for Indian contract act purpose.pl.check the IT ACT proviso also.

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