• POA lost

I want to buy a resale flat.The seller purchased the flat from builder and registered by issuing POA (unregistered) to his family member as he was in abroad at that time.Now the POA is missing.can I buy this property? or.will there be any issue?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Don’t purchase the property . Original chain of documents is necessary 

 

2) POA executed by seller in favour of his family member is required to confer clear and marketable title to property 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Don't buy.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See if there is registered deed available and in deed it is mentioned that seller purchased through POA and name and details of POA is mentioned in deed then there won't be any problem taken an indemnity bond and Affidavit of lost POA from seller.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

the copy of the POA must be attached to the sale deed between builder and seller

the POA original should remain with the grantee only

so if its lost, then it will not in anyway affect the transaction between your seller and you

you can proceed with the deal

your seller can simply cancel and revoke that POA by writing a letter to his family member to whom it was granted 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

  1. As per the information mentioned in the present query, makes it clear that the seller bought the property by issuing a POA at that time in the favour of a relative, and now the same POA is missing.
  2. Apart from the POA, seller should have additional documents also like registry, mutation etc. on his name.
  3. If he doesn’t have such documents then he can get the certified copy of the same from the same, if it was given there.
  4. Otherwise, please ask him to provide any other documents whcih can show that he has right over the property.
  5. And generally, POA is just the authority to a person to execute some transaction relating to the property on the behalf of the real interested party, but not the final document to show the ownership.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) You can make tripartite agreement of sale deed and get this sale deed registered in sub-registrar office.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can pull a second copy/certified copy of this POA from the registry office. There upon, after doing a due diligence, you may go ahead to make this purchase. No problem. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

Purchase of property is clear but chain of document is missing, without it, further sale or loan may not be possible.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir 

It is risky to purchase it but if the previous owner ready to come over and sign as CONSENTING WITNESS it is 100 % strong. if original owner send NOC it is 80% strong 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If the POA is registered then you can easily obtain a certified copy of the same from the sub registrar office. If it’s not registered then file an FIR to that effect and give a public notification in the local newspaper. After the publication, execute a new POA.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The transfer of immovable property by an Unregistered POA is not valid in law.

Now the POA itself is missing.

This indicates something major is missing in this deal.

The seller seems to be in abroad, hence there can be no convincing answer given by the representatives of the title owner to sell this property. The title holder, since residing in abroad will not come to India to clear the litigation in the future, if anything arises.

It would be better you obtain a proper legal opinion from a local lawyer before buying this property.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

1. IF the earlier Sale-Deed was properly Stamp Duty paid and Duly Registered before the local office of the Registrar of sub-assurances, by annexing the POA document, THEN today there is no legal necessity of such POA, for future transactions, provided the present sale-deed is also duly registered.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The PoA has to be duly registered. If it was not done, do not evince any interest.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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