principal can execute sale deed for property during subsistence of POA
2) transfer would be valid
3) POA in favour of agent should be revoked
Sir, can a principal execute a sale deed for a property while POA given for the same property exists and not cancelled. If done so, is the transfer of title is valid?
principal can execute sale deed for property during subsistence of POA
2) transfer would be valid
3) POA in favour of agent should be revoked
If the POA is registered and with consideration - in exchange of money than no. Otherwise, Issue notice for revocation of POA, before or once sale is done.
This is my response to you:
1. Yes provided the POA does not transfer title to the POA holder;
2. You will have to read the terms of the POA and agreement as well to avoid any discrepancies;
3. Consult a local lawyer and take steps.
Yes it is valid even if there is a power of attorney and it not cancelled the principal always has power to execute a sale deed and it is valid.
The circumstances under which the transfer was done has to be seen along with the recital in the document.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
yes he can
the moment the principal execute the sale deed for which he had given a POA, the POA automatically comes to an end and would be of no use
the transfer by the principal is valid
the POA holder can no longer represent the principal since the task for which POA was given, is already done by the Principal himself
Yes, The principal may execute the Deed even the POA is exist.
there is no bar upon the principal, but the condition is that POA holder has not executed any agreement or deed with any third party based on that POA.
Feel Free to Call
1. Well, it is to be seen whether the POA granted was gratuitous or coupled with interest.
2. Acting by the Principal in super session of POA amounts to cancellation or revocation of POA unless the POA was coupled with interest.
3. So if the agent has no interest in the property then the Principal can always make a sale deed keeping the POA holder aside and clear title would pass on to the Buyer.
4. The defect in title would arise only when the agency was coupled with interest and there was no consent of POA holder behind this .
Dear Sir,
Yes builder can execute the sale deed in your favour even if he has executed a GPA in favour of some one. If the builder executes the sale deed the GPA holder will have no role to play.
There is no legal infirmity for the owner to sell his property.
However if there is a registered POA deed to a power agent, then it is desirable that the same to be cancelled before the principal deciding to execute a registered sale deed in favor of the prospective buyer.
If some consideration has been paid by the agent against the said power of attorney then yes otherwise he can not sell the property.
Reards