1) If in Spl POA its mentioned the legal document appearance will be done by Builder on behalf of Vendor (Owner of land) for sale deed of each flat than you can purchase the flat.
Registering of flat using on special power of attorney of builder
Hi, I want to buy a Flat, where Builder has a Special Power of Attorney. There is a financial settlement to be made between Land Owner and Builder hence, both have exercised "Sale Agreement" being Landowner as vendor and Builder as Purchaser. Sale Agreement and POA are registered. The absolute sale deed, calls Land Owner as Vendor and Builder as Confirming Party with power of attorney to execute registration on Vendor's behalf. The vendor is not coming to Sub-registrar, but only will sign on all pages of Sale Deed. The registration will be done by Builder and Myself. Price of Flat and date are left blank to be filled by Builder and the area is counter-signed by Land Owner. Is it okay to go ahead only with Vendor's signature, not being physically present? Can Builder POA gives him eligibility to execute registration.
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
Hello,
- Yes, it's safe to go ahead as the POA is registered and the builder is a confirming part with POA.
- As long as the Registrar's office is not objecting to his absence before the registrar, his absence has no consequence on your title and the process of registration.
See if vendor has given Special power of attorney to builder to register on his behalf then in that case vendor personal presence is not required for registration using SPOA the builder can register same.
Yes if poa is there his presence is not required. Yes he can do Registration
Since land owner has executed special power of attorney in favour of builder he can execute sale deed on land owner behalf
Thanks for your answers. I'm doing payment in the name of Builder agency. As the builder has Registered Sale Agreement with Land Owner, to be the purchaser. Can the owner contest later in time? Can I check the validity status of SPoC at the concerned Sub-registrar, whether was revoked or still valid?
Asked 5 years ago
- If , the owner gives another individual a power of attorney , that person can sell/Registered that property without the presence of the owner before the Registrar.
- A power of attorney/SPA gives another person the power to act on behalfof the owner.
- But a registered power of attorney /SPA holder can execute registeration on behalf of the owner of the property.
See if using POA given by land owner if the builder is selling the suit of land owner shall not be maintainable.
Yes you can check the validity if there is no cancellation signed or no newspaper notice for same or a suit then the SPOA is valid further the land owner shall also be signing the deed so it's safe.
You can check validity of SPA
2) take search in sub registrar office as to whether POA has been revoked or not
i)If land owner has given SPOA then it is ok you can go ahead.
ii)Builder is eligible he can execute registration.
Yes check the same it will.be better
Dear Sir,
Despite the Supreme Court (SC) coming down heavily on misuse of the power of attorney (PoA) and clarifying its relevance, it continues to be misused. When Dhruv Rawat was looking for a house, an agent showed him a flat that was sold by the government through a lottery three years earlier. While it was cheaper, there was a problem.
The owner was not allowed to sell it for another two years. The agent suggested an easy way out: The owner gives Rawat an irrevocable power of attorney. When Rawat consulted a lawyer, he was advised against the deal. “As there was a rampant misuse of ...
Despite this in Bengaluru such transactions are going on in 1000’s it may not be problem until no body question but once it is question then it is very hard to defend… Please think twice and proceed. Be sure that possession is 9 points in law and once you enter into possession no body can remove you.
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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.
1. The Vendor /Builder can sign on behalf of the Land-Owner, PROVIDED the said POA is properly stamp duty paid and Registered. IF POA is not registered THEN such POA is invalid for immovable transactions.
2. ANYWAYS, it is best to take all the documents to a local lawyer for proper scrutiny and report, based on which you may take decision for the deal. Also to Confirm that the Land-Owner is still alive, for the POA to be effective.
Keep Smiling .... Hemant Agarwal
This is the routine procedure being followed by most of the builders and land owners across the country.
There is no legal infirmity in it.
Since the owner is also signing the documents it will be sufficient for the POA agent to execute the registered sale deed
You can verify the validity of the power of attorney deed and also may obtain a life certificate of the principal.
While taking all these precautions, you may also obtain a proper legal opinion from a local advocate about the genuineness of the property and the purchase.