Property sale deeds

Querist : Anonymous (Querist) 12 March 2011 This query is : Resolved
My father had purchased a plot of 200 sq yard in the year 1979 in Delhi. The said plot seller was having sale deed in his favour. While purchasing the said plot my father got prepared agreement to sale in his name as purchser whereas power of attorney of the land was got issued in favour of my uncle. Now, we want to divide the said plot equally between my uncle and my father. My question is that can my uncle execute the sale deed of the said plot on the basis of said power of attorney in favour of my father. My second question is that can we got the sale deed of our share in the name of my mother to save the stamp duty.

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Querist : Anonymous (Querist) 12 March 2011
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n.k.sarin (Expert) 12 March 2011
your uncle can execute the sale deed in favour of your father on the basis of power attorny.
yes you can got the sale deed of your share in the name of your mother.

Advocate Bhartesh goyal (Expert) 13 March 2011
Yes,On the basis of power of attorney your uncle can execute the sale deed in favour of your father and also on the name of your mother.

Chanchal Nag Chowdhury (Expert) 13 March 2011
Your question is not clear. Who gave POA to whom? Was'nt the Deed of sale registered? If not, title has not passed.

Jitendar Kumar gupta (Expert) 13 March 2011
Yes your uncle is empowered to execute the sale deed in favor of the your mother as he is competent to execute the sale deed.

Jiten Gupta

R.V.RAO (Expert) 23 March 2014
if the original sale deed was registered,when you bought land ,the title was duly passed on to you.then only the sale which you are now planning can legally pass on title to the new buyer.
But if you are saying it was a power of attorney sale (in your favor when you purchased the said land) without actual registration of sale at SRo,pl. be cautioned supreme court observed that such sales were not considered as sale.see below.
"immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.

Last but not least it is further pertinent to mention herein that ....... the Honble Bench has merely drawn attention to the legal position that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances. But they can still be treated as existing agreement of sale. Nothing prevents affected parties from getting registered deeds of conveyance to complete their title"
source:http://www.vakilno1.com/legalviews/is-sale-of-immovable-property-through-general-power-of-attorney-gpa-safe.html

The reply given in 2014 to a 3 year old query is IS ONLY TO DRAW attention to recent supreme court judgement .

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