• Power of attorney possession

Hi I am an NRI who has sent a special power of attorney to mine mother for selling a property on my name. I have the registration of the property next week. The buyer is demanding that I hand over the power of attorney permanently to him post registration of the apartment. My view is that as power of attorney is given on my mothers name I am not supposed to hand over the original document permanently to the buyer. Off course I can provide a copy of the document but not the original. Please can you advise what's the correct legal process
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Concerned,

Yes if the Power of attorney is for specific purpose of selling the subject property only in that case the original of the POA can be given to the Buyer as there will be no need of this document to you once the property is sold. In such a case the demand of original document is valid.

Also if the power of attorney is referring to any other asset as well in such case you may keep the original but issue a true certified copy to the buyer.

Best of luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Yes, there is no requirement to handover the riginal POA to the buyer.

2. The POA is meant for you and your mother and not for the buyer.

3. Whether the POA is tampered with or not by the purchaser, he has no legal rights to take delivery of the original document for sure.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) you have to hand the original power of attorney to the purchaser post registration of the apartment in his name

2) original POA is necessary to confer clear and marketable title to the purchaser

3) copy of POA would not serve the purpose

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) in the event purchaser seeks to sell the apartment in future prospective buyer will demand the original POA

2) purchaser will not be able to sell the flat in absence of original POA

3) your apprehensions are misplaced

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. The buyer is perfectly justified in demanding that the original power of attorney be handed over to him permanently, any prudent buyer would demand so. You must bear in mind that the authority of your mother to execute the sale deed for and on your behalf originates and flows from the POA that you have executed in her favour. So it is obvious that a prudent buyer would like to retain the original.

2. There is nothing personal in public documents like POA and Sale Deed. Be pragmatic.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You should also see from the purchaser's view point.

2. If you have registered the said POA in favour of your mother for selling your flat only, then he can naturally claim the original POA after the sale ideed registered based on the said POA.

3. While registering the sale deed, originals of all the link deeds are also required to be handed over to the buyer.

4. It is a regular practice for the buyers to collect originals of all the documents in connection with his purchase of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The buyer may state that one day you or any of your leagl heirs, may claim that there was no POA registered by you and the buyer had managed to get a fake POA duly forging your signature and got the sale deed registered in his name.

2. The buyer at that will be placing only photocopy of the said POA and photocopy of any document is not accepted by the Court as evidence.

3. Buyer will certainly demand original POA to safeguard his/her right, title and interest on his purchased property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

it is the purchaser's right to get all the original documents of the property(chain) which the person wants to purchase, hence there should be no problem to you.

there is no legal complication by given original.

after execution of that property you have right to cancel that power of attorney through news paper publication that this power of attorney has been executed by me to my mother for selling my property(mention then property details) which already has been selling by my mother on dated.... to ......, hence for future, I cancel my Power of Attorney and in future my mother will not be my attorney regarding the property(mention property details) because now, after the execution of sell deed I and she is not have any rights over the property.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Actually the buyer should be concerned with the registered sale deed document and the previous title link document.

This power of attorney deed may also be considered as a link document to the title which clearly describes the procurement of the property by the vendor referring to the documents which was relied upon to purchase this property.

There is nothing wrong in handing over the power of attorney document to the buyer because it was created for that purpose hence it becomes part of all other documents that are to be given to the buyer to confirm the sale of property or execution of registered sale deed in his favor.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

But what would the buyer do with a power of attorney which has mine personal details. Doesn't property deed and registration prove the ownership? My concern is it's a piece of document which has my signature along with being notarized which I am sure is prone to tamper.

You should understand the position of law that this power of attorney deed is the base and first document which the buyer is taken into confidence about the genuineness of the property being sold/purchased.

The power agent is authorised to sell the property only through this power of attorney deed, hence you dont have any reason to refuse to part with the original power of attorney document during the process of selling the property and it would be illegal and create suspicion if you refuse to handover the power of attorney deed to the buyer.

Do not take the risk of getting the sale cancelled due to this.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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