My answers are as follows:
Karta wants to send his younger brother with POA to sign the Sale Deed as Karta is very busy Investor. Karta has shared below documents:
Ans: For your information, the Supreme Court banned POA sales from 2011. The relevant information furnished below.
1. Surviving Certificate from District Magistrate: HUF has 3 members : It says Karta, his younger Brother, Mother. Father(who created HUF) is died 20 years back.However, there are other members in his family (children, wife etc) as well.
Ans: It is right, you must take signature of the kartha as vendor and signatures of other members of the family as consenting witnesses on the sale deed.
2. PAN of HUF as well as 3 Members.
Ans: Please take Xerox copies of Pan Card of HUF and all of its members. It is better if you take copies of Aadhar Card also.
3. HUF Account cancelled cheque.
Experts, What precautions and HUF specific documents should I ask from Seller to go ahead with this deal?
Ans: There must be a recital in the sale deed to the effect that it was so sold by the kartha of the HUF to meet legal necessities of HUF.
No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.