mukesh 25 January 2022
M V Gupta (Advocate) 25 January 2022
As the property is being purchased by the HUF, the sale deed should be made in the name of the Kartha. The Kartha can execute a power of attorney in favor of any person to present the document and admit execution of the deed by him (Kartha) and do all other acts, deeds, and things as are necessary to complete the registration.
Aryan Raj 25 January 2022
In response to your Query,
When purchasing or selling a property, a power of attorney is not a legitimate instrument for transferring property titles. However, in Indian cities, selling a property through a general power of attorney has become normal practice due to the financial benefits it provides to both the buyer and the seller. "A power of attorney is not an instrument of transfer in regard to any right, title, or interest in immovable property," the Supreme Court of India declared in 2011. As a result, the Supreme Court of India issued an order prohibiting municipal entities from altering or registering properties based on such documents.
So the representative can perform all the necessary official work and be present at the time of registration instead of the actual buyer but the property cannot be registered in his name instead of the actual buyer.
Regards,
Aryan Raj
Sri Vijayan.A (Legal Consultant) 25 January 2022
A specific power of attorney executed by Kartha of HUF appointing anyone to represent the Kartha in SRO shall serve the purpose
Dr J C Vashista (Advocate) 26 January 2022
PoA may be granted in favour of any member of HUF where it is not compulsory or mandatory for Karta of HUF has to be physically available before SR at the time of registration of transfer document in favaour of HUF.
mukesh 26 January 2022
Thanks to Mr. @MV Gupta, @Aryan Raj and @sri Vijayan.A