ROHIT
(Querist) 07 June 2018
This query is : Resolved
I had given power of attorney to sell my disputed property to Person A 12 years ago .The matter is still in the court and no order to sell the property has been passed . My questions are 1. can the Person A sell my share to anyone in the form of power of attorney to Person B or can he do the registry on my behalf during the proceedings of the court over disputed property.
2. The Power of attorney was registered at Kiccha Utranchal can I cancel the power of attorney in Ghaziabad ?or do I have to go to Kiccha in utranchal to get it cancelled ? Please suggest
Guest
(Expert) 07 June 2018
A Registered POA could be Cancelled only at the concerned Registrar Office where it had been Registered and a Public Notice regarding the same in local news paper of the concerned location where the property is situated would strengthen the legal value of cancellation of POA.
ROHIT
(Querist) 07 June 2018
Only Part 2 has been replied Please reply for Part 1 also sir
Ms.Usha Kapoor
(Expert) 08 June 2018
The cancellation process is same as the registration process. You have to visit the Office of registrar where the POA was earlier registered in person and submit an application.
The registrar would take the cancellation note in the government records and the registered power of attorney would stand as revoked. You will have to travel to Kiccha Uttaranchall where it was registered initially and then cancel the POA.
K Rajasekharan
(Expert) 08 June 2018
To the query 1 above the answer is yes.
You can authorise a person by a Power of Attorney to sign and sell the property on your behalf, without yourself attending the registration office.
This practice is being followed by the Housing Board in my state to sell its houses where the buyer is the only person who attend the registration office to sign the registration deed based on a power of attorney.
Similarly, a case is pending in a court does not prevent its owner to sell the property in question, but the only problem is that the buyer is bound by the verdict in the case when the court finally delivers its verdict.
Guest
(Expert) 08 June 2018
Well Advised and Agree with Advocate Mr.K.Rajasekharan
Guest
(Expert) 08 June 2018
Any transaction in the Property while a Court Case is going on would not affect the Judgement Please.
ROHIT
(Querist) 08 June 2018
Thank you for the advices ..I have a last question ..can the property be sold in another state.or city.? The property is in barielly can it be sold in some other state or city or will it be sold in bareilly only?
Guest
(Expert) 08 June 2018
A sale deed would be legally valid and effective if it is executed in concerned Registrar Office. Presently even Online Registrations are available in many states.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup