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Ashish   26 March 2018

Power of attorney to buy. can poa holder buy on his own name

I was given a Power of Attorney by a friend to purchase a flat in Delhi as the friend lives overseas. I bought it for him and only his name is there as purchaser but the term Purchaser is defined in parenthesis as including "legal representives, successors, legal benefactors and legal assignees". The sale deed was drafted by an advocate and I did not bother to look at the details as I have no malafide intentions. He is concerned. I agreed to give him whatever he wants in writing but is his concern valid in the first place as POA holders cannot do anything to benefit themselves. Right? And such terms in parenthesis are standard - or are they?



Learning

 7 Replies

R.Ramachandran (Advocate)     26 March 2018

From what you have stated,  I dont think there is anything wrong.

I think without proper legal knowledge, you and your friend are getting jittery for no valid reason.

Ashish   26 March 2018

Thank you Sir Ramachandran. So, that parenthesis does not give me any rights so I need not give anything in writing to my friend. I will if he insists. I am not jittery as I have no bad intentions. He is and this wording has spoiled our relationship.

R.Ramachandran (Advocate)     27 March 2018

Your friend should know that God Forbid, in case something happens to him as a purchaser, the agreement can still be pursued by his successors, legal benefectors, assignees, legal representatives etc.

That is all what it means.  It does not automatically give the ownership/ title of the property to the successors, legal representatives etc.

Your friend should also note that similar expressions would have been written for the Seller as well.

So long as your friend's name is shown as the Purchaser, he has nothing to worry.  Rest leave it to his wisdom and understanding.

 

Ashish   28 March 2018

Unfortunately, the expressions in parenthesis used for the Seller excluded the term "legal representatives" and therefore, because of this inconsistency, my friend started suspecting. 

Thanks for your responses.

KISHAN DUTT KALASKAR (Advocate)     29 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Kumar Doab (FIN)     29 March 2018

The title is in the name of purchased that is our friend..so he is title holder..

If you have not violated PoA in any sense and has maintained the trust of principle then your friend and you should not be anxious..

Kumar Doab (FIN)     29 March 2018

In any case ask him to show the said PoA and sale deed to a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record  and …worth his/her salt…

You can also do the same and end the matter…


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