• Purchase of property on the basis of power of attorney (in the state of Rajasthan)

Dear Sir/ Ma'am

A property dealer is showing us a property which has been sold by Authorities to Party "A", who has subsequently sold the property in the year 2014 to Party "B" and instead of Registering the transaction in the Office of Registrar, Party "A" has issued PoA to Party "B" with right of selling it.

It is pertinent to mention here that PoA signed is NOT registered, moreover some dues (like lease money) is pending on the property.

In view of above, request to clarify my following apprehensions:

1. Can registry could be done on the basis of PoA?

2. If yes, as he has unregistered PoA, what's its implication on the me at later stage? DO before registry in my favor, Party "B" has to pay registration fee (for PoA) to the court?

3. On the basis of documents& registry, do that property will be transferred in mu name in the records of Authorities so that in future I can also further resale it without any hassles?

Regards
Jaspreet
Asked 4 years ago in Property Law
Religion: Sikh

3 answers received in 10 minutes.

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12 Answers

Registry can be done if it is special POA but it will be risky because POA is not registered as per said by you.

If registry is done then you will get reselling rights.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Yes registration can be done on basis of the POA with paying the stamp duty .

2. You should get a NOC or Affidavit of original owner saying that since he is not available his agent will recover consideration and sign the sale deed then there won't be any issue No party B if sign as POA of A don't have to pay the registration fee.

3. Yes based on sale deed it will be mutated in your name

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)sale has to be registered sale deed

2) mere POA does not confer title to property

3) further POA is required to be regsitered

4) dont purchase the property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. power of attorney given by A to B containing power to sell clause is nothing but a sale

2. such a POA will attract stamp duty as applicable on sale deed and is also required to be compulsorily registered

3. title of B to the property is not clear

4. when B enters into a sale deed with you, the registrar will require stamp duty to be paid on the POA from A to B alongwith penalty

5. it is better to have A as a confirming party or as principal vendor to the sale deed

6. demand to B that he has to bear the stamp duty with penalty when demanded by registrar on the transaction between A to B

7. such POA with power to sell by which properties were sold between parties in order to save stamp duty payment on the transfer are held to be illegal by the Supreme Court

8. advise - not to go ahead with the deal unless stamp duty with penalty is properly paid on POA and A joins as confirming party in the sale deed to be signed between you and B

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

IS this POA notorised ? and with consideration or without consideration.

With consideration than registry not possible till stamp duty not paid. Stamp duty and Registration fees has to pay, dosen`t matter who will pay.

It will transfer after sale deed register.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Transfer of immovable property must be done only through a registered Power of Attorney.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

then have a public notice issued published in local newspapers informing the public that you are purchasing this property from B and if any person has any objection then it should be submitted within 14 days

also take out a search report from the registration office to check if this property has not been sold by B prior to you

it is always better to have A as a confirming party to the sale deed and not as a 'witness'

if A is no more, his legal heirs may make a claim, who knows?

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

No stamp duty payable on this POA but than A can dispute the sale in future.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

For sale of property POA has to be registered

2) in your case it is unregistered POA

3) further if POA is not executed in favour of family member it has to stamped as conveyance

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir merely depositing stamp duty doesn't complete the registration so a NOC from A will protect the rights. Further the complete rights to sale under the POA is given there shall be no issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In view of above, request to clarify my following apprehensions:

1. Can registry could be done on the basis of PoA?

A sale deed cannot be registered on the bassis of an unregistered POA, it is invalid and illegal.

2. If yes, as he has unregistered PoA, what's its implication on the me at later stage? DO before registry in my favor, Party "B" has to pay registration fee (for PoA) to the court?

An unregistered POA deed in respect of immovable property is not valid, the registrar will not accept the seller's title by an unregistered deed.

3. On the basis of documents& registry, do that property will be transferred in mu name in the records of Authorities so that in future I can also further resale it without any hassles?

This will be a problem for you in the future since the title of the seller is not clear.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

What if Party "B" agrees to pay the stamp duty towards the un-registered PoA, but he could not arrange Party "A" to witness the sale deed between me and Party "B"?

It is not permissible and there is no provision in law for this type of arrangement.

My ultimate intention is to protect my interest that at any later stage neither property should be get disputed nor any problem should arise while reselling/ gifting the property.

Your interests in the property will not be protected by this unregistered POA deed, you will face problem while you are trying to sell your property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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