• Flat ownership

Sir I purchased a sra flat 7 yrs back now that the lock in period of 10 yr is over how can I transfer the said flat in my name I have the power of attorney of the previous owner on a 100 RS stamp paper when I consulted a lawyer he said that the power of attorney is not valid I should be on 500 RS stamp paper moreover the previous owner has to be present and the cost of transfer and legal advice were quoted to RS 2 lac I am in dilemma not understanding why I HV to spend so much and the previous owner is also demanding some money to come the sign the documents
Kindly help
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

An immovable property cannot be transferred by a power agent on the basis of unregistered power of attorney deed in his favor.

The POA deed whether registered or not, is not a title document hence the value of stamp paper used for POA deed is absolutely not a crieteria for transfer of property.

If you hav a sale agreement, even unregistered, you can file a suit for specific performance of contract by which the court would provide you at least an alternate relief of refund of your money or investment.

This being purchase of SRA, which cannot be sold within 10 years from the date of its allotment, you cannot even get it transferred to your name at this stage if 10 years period is not over, especially no agreement is valid when it is entered into within 10 years of allotment, similarly the POA deed is also not valid in law.

You may consult a local advocate with all relevant papers/documents who may suggest you some useful tips and ideas to retrieve the property by some means.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) power of attorney for sale of flat needs to be registered

2) at present POA needs to be on Rs 500 stamp paper

3) it is better sale deed be executed by seller in your favour. Have it duly stamped and registered

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. If the stamp duty paid is insufficient then the deficient stamp duty can be paid with penalty computed by the registrar.

2. The principal i.e previous owner has to execute the deed of conveyance in your favour before the sub-registrar, so his presence is indispensable. Now that you are at his mercy he wants his pound of flesh.

3. I will not comment on the fee of your lawyer as every lawyer is free to charge the fee he desires.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Well, irrespective of the value of the stamp paper if the same is not registered then you can transfer the flat to anyone you chose.

2. Hence either get a registered Power of Attorney or sale deed executed in your name and then you can sell it to anyone you choose.

3. There is no way it.

4. if you had taken proper legal advice at the time of purchasing this flat you could not have faced this problem.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

It is better you reach settlement with the original owner

2) although seller has executed POA in your favour it is not registered

3) POA authorising agent to sell the property needs compulsory registration

4) pay some consideration to seller and let him execute regd sale deed in your favour

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

File a suit for specific performance of contract and injunction.

This is your effective way out.

It will take time but will give you justice for sure.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

There is no dearth for god lawyers in Mumbai, you may approach one after confirming and satisfying their credentials.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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