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shubham anand (AM)     24 May 2011

POA

Can any one help me out

I m going to buy a builder floor in vaishali Ghaziabad  2nd floor with roof rights, Buider is sayingf for General power of attorney for roof rights, is it ok or not.

Plz suggest me  about the validity of roof rights on GPA.

I want secure roof rights, how can get it.



Learning

 2 Replies

prabhakar singh (advocate)     26 May 2011

FIRST POINT TO UNDERSTAND IS THAT A PoA IS A DOCUMENT WHICH CREATES ONLY RELATIONSHIP OF PRINCIPAL AND AGENT,in your case your builder being pricipal and you are becoming agent.So legally a principal , under law,has always right to REVOKE PoA executed in your favour.

The next thing to understand is this that a PoA can not confer title to vest in you from your builder as law shuns it,and That can be done only by a registered instrument of sale.

HENCE BY PoA ONLY RIGHT TO USE WILL PASS TO YOU THAT TOO SOLONG PoA IS NOT REVOKED BUT IN CASE YOU WANT TO SALE IN FUTURE,THE RIGHT GIVEN TO YOU COULD NOT BE TRANSFERRED EVEN BY A PoA OF YOURS.

AND IN CASE YOU GO FOR AN IRREVOCABLE PoA THE STAMP DUTY WOULD BE PAYABLE AS MUCH AS ON A SALE DEED.

SO ALL DEPENDS ON THE FACT HOW MUCH YOUR BUILDER IS DEPENDABLE/?? IF DOES NOT HINDER IN YOUR RIGHTS IN FUTURE YOU WILL SAIL SMOOTH BUT IN CASE OF ANY DISPUTE ARISING IN FUTURE, THE REVOCATION WILL TAKE AWAY EVERY THING FROM YOU..

1 Like

shubham anand (AM)     27 May 2011

Sir

First of all Thanks for your advice.

Then what should i do further. I m going to buy Flat on registry but  for roof rights builder is saying for GPA. 

Can i give  consideration (Cheque of Rs 100000) against GPA to Builder for roof right transfer.

What would be the validity of roof rights taken on  some consideration.

 

Originally posted by :shubham anand
"
Can any one help me out

I m going to buy a builder floor in vaishali Ghaziabad  2nd floor with roof rights, Buider is sayingf for General power of attorney for roof rights, is it ok or not.

Plz suggest me  about the validity of roof rights on GPA.

I want secure roof rights, how can get it.
"

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