Power Of AttornEy?
Aditya R khandelwal
(Querist) 10 January 2010
This query is : Resolved
Wel me and my Father purchased a Land in 1991....After that i made a construction of Two floors....Wel we take the Registered Sell agreement in favour of My dad and Power Of attorney In favour of me..... Till date both My Dad and Previous Owner who sell the Land to us is Alive.
My question:-
#1 Can i make a "Registered Sell agreement" in favour of my wife with the Power of attorney? If yes....
#2 Can she sell the Land in future with the "Registered Sale agreement" and make the land Registered in some other PArty if my father Dies?
#3 If My Dad dies will i be able to Sell the Land with the help of "Power of Attorney" as i get this Power from Previous owner and not from My Dad,
Raj Kumar Makkad
(Expert) 10 January 2010
1. Yes, if GPA has not withdrawn till to date.
2. No. Without getting registered sale-deed executed in her favour, she do not become the owner of the property. Agreement has to be converted in registered sale-deed.
3. Yes but on behalf of original owner and not yourself.
It is advised to get the registered sale-deed executed as soon as possible otherwise the owner of the property can revoke your GPA and can claim over whole property and in that even except litigating on some other points, you can do nothing.
B K Raghavendra Rao
(Expert) 10 January 2010
Be accurate in asking the question. When you and your Dad have purchased the land in 1991, where is the question of obtaining Power of Attorney in respect of the same land from the previous owner?
As you and your father have already purchased the land but in the name of your father, your father becomes the owner of the land. You will not be able to make Registered Sell Agreement in favour of your wife or anybody else.
Only your father can dispose of the property.
After your father's death, if no Will is executed, his share devolves round his successors including you in equal shares.
