Transaction of property by power of attorney person
S.K
(Querist) 14 August 2013
This query is : Resolved
Sir,
I had booked one residential plot area (West Bengal, At Home Town) on July-13 with 50K INR , condition was “ in Oct-13 full 2850SqFt plot will register at Court”. I have taken PF withdrawal from my Central GOVT department and submitted intimation regarding original owner ship of plot area.
Now the original owner gives all his property transaction rights to one property dealer through POWER OF ATTORNEY. Now they informing me that here after he will sign all the transaction for property. Now I have following questions:
1) Could it legal that now POWER OF ATTORNEY dealer person will sign all the transaction?
2) For whom I have to issue CHEQUES for all further financial transactions? Actual owner or property dealer name?
3) Did owner should sign during registration or it is not required?
4) Did property dealer sign during registration as owner?
5) Did registration is possible at home or mandatory to do it at court?
6) Could it change the actual owner of that purchased land? Could it require changing the name of actual owner during final submission of Property dealing information to my dept.?
7) What documents require for legal transaction of such property with actually following legal clause?
8) What is the legal burden for such kinds of transaction(if any)
Please inform me as soon as possible so that I could take further decision.
prabhakar singh
(Expert) 15 August 2013
You need to assure yourself that POWER OF ATTORNEY(PoA)is not an impersonated document,and it's donor are alive and
PoA is registered with subregistrar of jurisdiction,
and is enforce and not revoked before the time you get your deed registered by PoA.
Devajyoti Barman
(Expert) 15 August 2013
You are silent on various key issue like-
1. Who is selling the property?
2. what the relationship between seller and the POA holder?
3. Any Development agreement is there between the seller and the POA holder?
The obligation to sign the future title deed by the POA holder depends upon answering the questions raised above.
S.K
(Querist) 15 August 2013
Mr Devajyoti
The answers of your queries are as below:
1)The Owner is selling the property.
2)No relationship other than property dealer(Mr.X) and owner of actual property(Mr Y).
3)No development agreement other than plotting,preparing road between the plot.
Sir Please tell me could I take forward step next if I found that POA is registered with sub-registrar of jurisdiction,enforced and actual owner is alive.
Please HELP me.Pl.
Devajyoti Barman
(Expert) 15 August 2013
Without seeing the papers it is difficult to comprehend. Since there is no involvement of developer, in case of dispute it would be difficult to enforce the agreement.
ajay sethi
(Expert) 15 August 2013
advisable to contact local lawyer . get papers vetted by him then proceed .
Rajendra K Goyal
(Expert) 15 August 2013
Contact a local lawyer with all the documents.
Raj Kumar Makkad
(Expert) 16 August 2013
Only local lawyer after going through the relevant documents, can properly guide you so better not to waste time and contact and avail his services.
