• Can Principal execute sale deed while POA exists

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?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Yes. Provided the attorney hasn't already exercised his power and sold off the property

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

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the POA holder can no longer represent the principal since the task for which POA was given, is already done by the Principal himself

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hello,

Yes the transfer is valid and it is not necessary to cancel the POA.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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 . 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

after revocation of POA only it is valid, principal can execute sale deed after revoke of POA. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes he can do the same if no loss is incurred to the attorney holder in such transaction

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes a principal can execute the sale deed while GPA is still effective because through GPA principal give power to perform some task on behalf of him and doesn't give up his own power to perform such task. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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