Wants to make an agreement of a property
Harish Mishra
(Querist) 25 April 2013
This query is : Resolved
Dear Sir
I have met one of a person who has a registerd land title is agriculture land he bought this land by a power of attorny holder when the person who has registry of this land when present the registry for khatedaari change then his name added by the authority but after few days a person who made an objection to the authority that the name should not be added of that person for this land one of my best known is interested to make an agreement with the registry holder because this is a precious land.
What legal point must be in his mind according to law because someone said him that without power of attorny holder presence he could not sale the property?
Please suggest
Thanks
Devajyoti Barman
(Expert) 25 April 2013
When he purchased the land from POA holder. If it prior to 2011 then he not be present;
Else the erstwhile landowner need to be present to sell it in future.
Harish Mishra
(Querist) 25 April 2013
the power of attorny was taken by that person in 1989 and he was not a family member there after he made the registry of land in 2010
Anirudh
(Expert) 25 April 2013
You have to clear certain doubts.
1. Whether the POA gives specific power to the POA holder to sell the property?
2. Whether the said POA is a Registered one or not?
3. Whether the grantor of the POA was alive when the Registry of the Land (i.e. sale deed of the land) was done?
4. Did you pay stamp duty at the time of Registry of the land or not?
Harish Mishra
(Querist) 25 April 2013
It was not registerd
yes grantor of POA is alive today also
stamp duty paid at the time of registry around 35 lakh rs
Raj Kumar Makkad
(Expert) 25 April 2013
Unregistered POA holder is not competent to get the registration of sale deed. You have not replied the question raised by Anirudh that whether the power to sale was given in POA or not.
Raj Kumar Makkad
(Expert) 25 April 2013
Land owner can only raise objection to such sale and if he confirms it then the sale is perfect and it is required to be duly changed in Khata.
