• Power of Attorney

My father purchased an agricultural land however because the seller could not travel to sign th documents due to physical health issues for the interim they gave a POA to my father. Now the health issue still persist and we have been told the seller doesn't have an Aadhaar/PAN which is mandated for the sale deed to complete. How can my father claim and transfer the said property to his name? Can he, as the holder of POA, transfer the property to his name? The amount has been paid in full and we are not in a position to disregard the deal now.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

See the seller can apply for PAN card online on NSDL and he shall receive details of same in a week. Further a sale deed can made and executed by your father himself as POA of seller and buyer himself and it can be registered and stamp duty and  registration can be paid.

And further getting Aadhar is not difficult the person can be taken to nearby aadhar centre for 5 minutes for biometric and eye scanning and he will get the Aadhar.

And at least get a agreement to sale notarised by taking notary at his place so you are safe and can claim property from his heirs if anything happens to him.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it can be transfered through poa executed by the seller to holder. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Your father can on  basis of registered POA transfer property in your mother name by executing registered sale deed 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Is your father related by blood to the seller? In many states such GPAs are allowed only between blood relatives. You need to consult a local lawyer on this.

2. If there is no bar in your state on a GPA being executed in favour of a non-blood relative then your father can execute the sale deed for and on behalf of the seller in favour of himself. Adhaar is not required, however without PAN the sub-registrar may refuse to register the sale deed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. An agent on the basis of agency can not take benefit in his own name as this is a conflict of interest.

2. He cna though transfer the land in the name of his wife/child etc.

3. He can make a valid sale deed in the name of his person of choice only if the POA was registered. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1.  IF the POA is duly stamp duty paid and registered THEN Father can sign on behalf of the seller and on his own behalf and execute the Sale Deed with his own PAN /AAdhar Card no.  fand transfer the property to himself.

2. Father maybe required to give a certificate from a Chartered Account about the non-availability of PAN /Aadhar Card of the Seller party.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear sir

As a power of attorney holder your father can transfer property to himself but you should have some legal proof that you have paid the consideration in full to the seller. 

As , the agent of power of attorney cannot sell the principal’s property to himself for significantly less than market value unless that is in the best interest of the principal.

And also The agent’s authority may be challenged in court by another interested party if it perceives the agent is failing to act in the best interest of the principle.

It also depends on the authority that power of attorney is giving to your father because the power of attorney can be of limited powers 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

A POA can transfer the property in his own name if the clauses are clear to sell the property.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

IS this POA with consideration ? He can sell it in your name but not in his own name.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The seller can sign the document 

Then you can use his POA to complete registration formalities on behalf of seller

Aadhar and PAN are compulsory?? When did that happen? No rule as such! 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

POA must duly stamp duty paid.. 

Your father can also transfer said property on basis of  POA in your name.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello, 

POA himself can not transfer the property to his name only. 

If he is old then I would advise you to get the work done at the earliest so that the remaining legal heis do not create any dispute in future. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your father can sell this proeprty to himself in the capacity of POA even though he is himself the power agent, there is no legal infirmity in it.

However he can decide to sell this property to his son or wife or any other close relative to avoid unnecessary problems that may be created by any unscrupulous persons in future in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. No, I think you are doing a mistake herein the present deal.
  2. Seller can execute POA in favour of his some close relative only who can later on execute the sale deed in your favour as per the latest ruling of the Hon’ble SC, but surely not in the favour of your father.
  3. Because it cannot be the situation wherein buyer is the seller on the basis of the POA.
  4. This sale would be of invalid in the eyes of law if done like in this way.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer