• Is it ok to buy property from POA holder (in blood relation), present with conveyance deed (father)

I am buying a floor in west delhi.
the owner is not in india and is settled abroad but he has given GPA to his son with specific mentions of right or floor i am about to purchase.
Is it a legal valid way of purchase?
In the end would i get a sale deed or just another POA?
Asked 12 days ago in Property Law from Ram, Delhi
Religion: Sikh

Yes it is valid but the poa should be registered and attested by Embassy in the case of NRI.

Prashant Nayak
Advocate, Mumbai
6126 Answers
5 Consultations

4.8 on 5.0

Is the POA registered.?

 

2) if it is executed abroad is it duly attested by Indian consulate ?

 

3) kindly clarify 

 

4) on basis of registered POA sale deed can be executed by sin 

 

5) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

Hi,

It is perfectly legal to purchase property through POA holder for sale if it proper and registered. You can register the sale deed through POA attorney holder.

Rajni Sinha
Advocate, Mumbai
370 Answers
38 Consultations

4.6 on 5.0

Any transfer of property must be registered. Also it is very important in case of sale through POA that the it construed rightly conferring all power to deal with the property and it must be irrevocable in nature.

Kallol Majumdar
Advocate, Kolkata
98 Answers

5.0 on 5.0

1) If that POA has signed by Indian Embassy than you can go with it and purchase property by making sale deed registration.

 

2) Yes, its legal you can get sale deed registration.

Ganesh Kadam
Advocate, Pune
6054 Answers
43 Consultations

4.9 on 5.0

1. First check whether the GPA is registered one or not . if yes then there is no isue arises out of GPA.

2. if not then also it may be valid if the GA is notarised in abroad and then adjudicated from Indian collectorate /stamping authority.

3. in either case do get all the property papers checked by a local advocate. 

Devajyoti Barman
Advocate, Kolkata
15739 Answers
218 Consultations

5.0 on 5.0

Yes it is valid you can go ahead with the purchase. The son need to register a registered Sale deed in your favour using the POA.

Further ask for a life certificate of father along the GPA if  the power of attorney is executed before 3 months.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

Dear Sir,

Recently the Supreme Court banned POA sale transactions inspite of that transactions are going on at the risk of purchasers.  The relevant judgment is as follows:

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.

 

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

 

Sale Deed as the POA holder is fully act on behalf of the owner, who have given that but before going for the sale deed please confirm from the Registrar Office whether POA is registered or not , if it is registered then no harm go on if not then don't proceed further and ask for the registered one.

Koshal Kumar Vatsa
Advocate, Gurgaon
1069 Answers
1 Consultation

5.0 on 5.0

Owner can make a POA on a plain paper, get it attested by the Indian Embassy/Consulate. 

POA should be duly attested before Indian consulate The GPA executed by you must be duly verified and stamped by jurisdiction District collector. 

 

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

Dear Mr Ram,

As per latest ruling of Supreme court sale purchase should not be entertained.

Anand Shukla
Advocate, Delhi
364 Answers
6 Consultations

4.9 on 5.0

Deal is fine but you should execute sale deed. And delivery of original POA to you.

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

1. Buying any immovable property via a GPA holder shall be fraught with illegalities and it is banned by a Supreme Court order.
2. Draft a new POA, and let the abroad residing owner get it attested by local embassy and courier it back to you, for stamp duty (500/-) & Registration (1000/-)
3. Using the POA, execute a proper Sale Deed and have it duly registered, for a complete sale and clear title for future.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1531 Answers
8 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to buy a property, but the owner is in abroad though has executed a POA in his son favour to transfer the same to you by way of sale deed ( you will get sale deed only, POA is for his son only).
  2. As per the recent judgments in the last few months by Hon’ble Supreme Court of India no property transaction would be valid by way of POA or GPA or SPA.
  3. But, subject to the execution of the same in favour of a close relative would be valid like in your case.
  4. So, you should go ahead and buy the property without having any second thought.

Sanjay Baniwal
Advocate, South Delhi
3416 Answers
7 Consultations

5.0 on 5.0

Buying an immovable  property should always be by a registered sale deed and not by a GPA.

GPA is not a title deed, you cannot acquire the property on your name through the GPA.

The owner's power agent can execute a registered sale deed in your favor on behalf of the owner.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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