Sayed Maqsood Ahmed 11 February 2023
Adv Syed Farhan Ali 12 February 2023
Advocate Bhartesh goyal (advocate) 12 February 2023
If special power of attorney is duly registered in sub regisrar office and descripttion of property is correctly mentioned in it then you can sell the property on basis of power of attorney.
Dr J C Vashista (Advocate) 12 February 2023
I concur the opinion and advise of senior experts.
Sayed Maqsood Ahmed 12 February 2023
Many thanks sir
kavksatyanarayana (subregistrar/supdt.(retired)) 12 February 2023
Welcome. The senior experts well advised you.
N.K.Assumi (Advocate) 13 February 2023
With due respect to the view of the learned members, I have my reservations on this issue, based on Supreme Court Judgment. Scope of Power of Attorney:
A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him (see Section 1A and Section 2 of the Powers of Attorney Act, 1882). It is revocable or terminable at any time unless it is made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee. Thus, I am of the view that there cannot be a sale or transfer by such SPOA, rather it is a device of encouraging criminal activities.
Real Soul.... (LEGAL) 13 February 2023
Agree with Mr. Assumi, it has been ruled that immovable property cannot be transferred through a POA, in 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
Both of the owners need to appear before registering authorty for registration of sale deed.
N.K.Assumi (Advocate) 13 February 2023
The Law on this score is crystal clear. Unfortunately, I have experience in courts some documents such as undertaking etc, not even POA or the SPOA, but mere undertaking purporting to transfer immovable property by such unmeaning and ambigous documents, and it rather embrassed me seeing such documents in court, purporting to transfer or sale immovable property which is unknown to Law.
Toont1944 14 February 2023
In your case, the flat is located in Pune, which is in the state of Maharashtra, and the special POA is registered in Ahmednagar, which is in the state of Ahmednagar duck life. It is possible that the laws of the two states regarding the execution and registration of POAs are different.
Sayed Maqsood Ahmed 14 February 2023
Dear Sir
Thanks for your quick answer.
Both cities are in maharashtra state
Best regards