Jaishankar R (IT Proffessional) 25 October 2009

Power of Attorney - Sale

Hi All,

Can a Power of Attorney for sale can be executed by an person when he himself is not the abosolute owner of the property? i.e The property was allotted thro government thro Hire Purchase scheme. Before execution of sale deed from the government ,

1) Can the allottee sell the property to other person? Specifying that I will be getting the sale deed in couple of months and all formalities related to sale is done with the govt.

2) Is this Power of Attorney valid for the purpose?

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7 Replies

Karl Jacob (Partner/Advocate) 25 October 2009

A person cannot deligate any authority which he himself does not possess.

Suchitra. S (Advocate) 25 October 2009

Jaishankar ji, How can a person without having a title sell the property? Nemo dot quod non habet.

Anish goyal (Advocate) 25 October 2009

What power of attorny means is creation of agency that is to let other person act on the behalf of principal and to bind him in contract with third person. So principal can't authorise with the power which he doesn't possess.

R.R. KRISHNAA (Legal Manager) 26 October 2009

The allotee can assign his rights to another by way of an ASSIGNMENT, but POA is not possible.

kasthurirangan (auditor) 26 October 2009

sir,

is ther any provision in RTI act to ask for the details regarding the power supply schedule,power cut reasons.is there any provision under which we can proceed legally against the electricity department for their unscheduled power cuts and suo moyo annuncement of maintenance which were not the practice on previous years