Transfer by poa
Manoj
(Querist) 09 June 2013
This query is : Resolved
“A” gives general irrevocable POA to ”B” to do all acts pertaining to sale of land, registration of documents for sale, Sale agreement, to appear before any revenue authority etc., in respect of property-land mentioned in the POA. “A” admits of receiving the full consideration of land and states in POA that possession of the land is handed over to “B”. POA is stamped as per Sale Deed, proper stamp duty is paid as it is paid in sale deed and is registered at Sub Registrar of Assurances. Subsequently “B“, POA holder of “A” executes Sale deed of the same property in his own favour and such sale deed is executed on stamp paper of Rs. 100/- and is registered at Sub Registrar of Assurances.
1) Whether the sale is valid in favour of “B”
2) Is “B” the owner of property under the law.
3) Does “B” possess ownership rights, can he transfer it further to anybody else and will the other person get the ownership rights.
Anirudh
(Expert) 09 June 2013
THE SUB-REGISTRAR COULD NOT HAVE REGISTERED THE SALE DEED ON 100 RUPEE STAMP PAPER.
Veeresh Naik
(Expert) 09 June 2013
According to me if proper stamp is not paid on the sale-deed it would be illegal, in any case PoA can not be equated with Sale-deed as recitals of both are totally different but in ur case it seems that there are some recitals of sale deed in PoA, it would be necessary to go through the other recitals of the PoA. If the doc. nomenclated as PoA shows all the ingredients of sale then his title can become valid.
niranjan
(Expert) 09 June 2013
I think this can be done as the POA in favour of B though named as poa but in real sense it is sale deed as full stamp duty is paid,but by rectification deed on rs.100 it is converted into sale deed by B to himself.
Dr J C Vashista
(Expert) 10 June 2013
Attorney is authorised by Executant to do all act on his/her behalf, hence no legal infirmity.
PAO cannot transfer/sale in his own name, if done, it is illegal.
Reply to second and third question is nagative.
Phani Kumar. D
(Expert) 10 June 2013
1)If consideration is paid to A and admitted the same and also registered as sale, then it is valid.
2)To that extent B can sell the property to others
3)But A has to execute sale deed in favour of B. Simply basing on POA B will not get full rights. If B wants to become owner of property he has to get Sale deed in his favour from A.
As other said that Sale deed on 100/- NJ Stamp is not valid as per law.
Manoj
(Querist) 19 June 2013
Thanks to all experts
