Hello sir/madam
There is resale of commercial shop in a chawl that went in for redevelopment under SRA scheme..but due to some reason the process got delayed and the seller sold the shop..Now the new purchaser after 8 years want to resell again..but the paper he has is general power of attorney and affidavit and does not have registered sale deed..but in SRA scheme the shop got passed on the name of the first seller..and the whereabouts of the first seller is not known..so how to go about purchasing such shop
Hi
Power of attorney gives right to a person to carry out the responsibilities/ work on behalf of another. A General Power of Attorney (GPA) can be registered at the sub registrar's office to get a legal validity and is valid only till the lifetime of the principal.
Courts in the past have categorically opined that sale or purchase of a property cannot be facilitated through a GPA. In this regard, it is pertinent to note the decision of Supreme Court (SC) in the case of Suraj Lamp & Industries (P) vs State Of Haryana & Anr SLP (C) NO.13917 OF 2009 wherein it stated that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property.
However, the judgment also noted that registration cannot be barred in genuine cases. Therefore, if the registrar is satisfied with the genuineness of the case, he may permit registration of the GPA and sale in furtherance thereof.
In the instant case since the owner is stillalive, he should first get a conveyance and sale deed in place and then transfer the property else the transfer will not be legally valid.
Best regards,
Megha
Best regards,
Megha
