Ramesh (Programmer) 14 March 2010

Can a Minor person holding POA to sell any property

Date : 14th March 2010. Chennai.

I am from chennai and planned to buy one vacant residential land (2400 sq.feet) and I requesting lawyers to clarify for my following doubt:

1. In 2007 Mr. prasad (age 19 years) has got power of Attorney (POA) from Mrs. Ramya (age 40 years) to sell her above said vacant land on behalf of her and this POA was registered in Registrar office. Mr. prasad told me that he has already paid full money payment to Mrs.Ramya. But in POA the amount of land sold is not mentioned. Mr. Prasad told me that he only sign in the stamp paper during Registration in Registrar office and Mrs. Ramya will not come for any registration and she is not in the picture. (Mr.Prasad and Mrs.Ramya both are unknown persons and not any blood relations) My doubts are :

1. Mr. Prasad has got POA at the age of 19 years in 2007. So Is it legally right age to buy or get POA to buy land ?. What is the age for minor 18 or 21?. What is the legal age to buy/get POA ?. So POA is valid or not ?.

2. Now Mr. Prasad is 22 years, so can he sign in stamp papers during Registration in Registrar office when I am buying land from him ?.

3. Amount of money given by Mr.Prasad to Mrs. Ramya was not mentioned in POA. Hence in the future after sold to me by Mr. Prasad, whether Mrs. Ramya will file any suit that she is not received and fund from Mrs.Prasad and in such case is she eligible to claim the property which I bought from Mrs. Ramya ?

4. Mr. Prasad is a unmarried person, so we have to get any no objection from his parents and brothers/sisters of him or not required?.

I am requesting Lawyers to clarify the above doubts. I will be very thankful for them.

Thanks and regards,

Ramesh. K.

Chennai.

Mobile phone : (0) 9841791997

Reply Follow

4 Replies

biren (Advocacy) 14 March 2010

Ramesh

1. any person can enter in to a contract viz. POA also after completing age of 18 years. So, POA is valid

2. Yes Mr. prasad is right to sign in sale deed with you.

3. Ina any POA there is no necesity to shown the money transaction, if held. Eventhough for safety purpose you have receive declaration of Mr. PRasad that he had paid the actual consideration to Mrs. Ramya and he has all the right to disposs such property as per POA.

4. Not necessary.

I hope u will clerify ur doubts.

Regards

Biren B. Shah ( B.Com., LL.B., D.L.P. )

Tax & Labour Consultant

M. 98243 72062.

Originally posted by :Ramesh

Date : 14th March 2010. Chennai.

I am from chennai and planned to buy one vacant residential land (2400 sq.feet) and I requesting lawyers to clarify for my following doubt:

1. In 2007 Mr. prasad (age 19 years) has got power of Attorney (POA) from Mrs. Ramya (age 40 years) to sell her above said vacant land on behalf of her and this POA was registered in Registrar office. Mr. prasad told me that he has already paid full money payment to Mrs.Ramya. But in POA the amount of land sold is not mentioned. Mr. Prasad told me that he only sign in the stamp paper during Registration in Registrar office and Mrs. Ramya will not come for any registration and she is not in the picture. (Mr.Prasad and Mrs.Ramya both are unknown persons and not any blood relations) My doubts are :

1. Mr. Prasad has got POA at the age of 19 years in 2007. So Is it legally right age to buy or get POA to buy land ?. What is the age for minor 18 or 21?. What is the legal age to buy/get POA ?. So POA is valid or not ?.

2. Now Mr. Prasad is 22 years, so can he sign in stamp papers during Registration in Registrar office when I am buying land from him ?.

3. Amount of money given by Mr.Prasad to Mrs. Ramya was not mentioned in POA. Hence in the future after sold to me by Mr. Prasad, whether Mrs. Ramya will file any suit that she is not received and fund from Mrs.Prasad and in such case is she eligible to claim the property which I bought from Mrs. Ramya ?

4. Mr. Prasad is a unmarried person, so we have to get any no objection from his parents and brothers/sisters of him or not required?.

I am requesting Lawyers to clarify the above doubts. I will be very thankful for them.

Thanks and regards,

Ramesh. K.

Chennai.

Mobile phone : (0) 9841791997

AEJAZ AHMED (Legal Consultant/Lawyer) 14 March 2010

Dear Ramesh;

As per the Indian Majority (Amendment) Act, 1999 (Act 33 of 1999) with effect from 16.12.1999 age of Majority of a person is as follows:

Section -3 : Age of majority of persons domiciled in India. –

(1) Every person domiciled in India shall attain the age of majority on his completing the age of eighteen years and not before. (2) In computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day.

https://indiacode.nic.in/fullact1.asp?tfnm=187509

Regarding Transaction to purchase the land :

Your query is silent about the POA ......is it registered OR Un-Registered;

What ever the relations between the Donee and Donor.....it all depends on the authority under POA.

Your entire transaction is depending on POA....so it need complete details about POA to answer you further and in detail.

V. VASUDEVAN (LEGAL COUNSEL) 14 March 2010

In additional to Biren's advice, get the POA throughly scrutinized for unconditional selling powers. If a person

obtained a POA for consideration (consideration need not be mentioned), it will be a IRREVOCABLE power of attorney. Also in addition to the declaration, issue a public notice in the local newspaper, regarding your proposal to purchase the property.

vasudevan