• Lease agreement through notarised power of attorney - notary is done in 2009

I have a power of attorney which is notarised in 2009 in Maharashtra. all people involved in these transaction are in blood relationship. now in 2019 i want to lease a piece of land for 20 years to a third party. can I lease the land based on the notarised POA done in 2009
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

it is advisable to have registered POA for giving premises on lease for period of 20 years 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Yes, power of attorney is a legal document that allows one person to act for another person. POA is effective till not revoked by principal.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Notarised POA is valid and you can give premises on lease on basis of said POA 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Yes, if not yet revoked and no time limit.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hi

Firstly, confirm whether the parties to the said POA are still alive.  

If they are alive, then confirm that the same is valid and subsisting even today.

If the said requirement is complied, you can go ahead.

Good Luck. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

The actual owner's name will be mentioned as you are just the Power of attorney holder and if the document has stated that you can enter into rent agreement on behalf of the owner only then you can. A copy of the power of attorney document should be annexed to the agreement. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

This is my response to you:

1. To lease a property there should be a registered POA;

2. A POA would not itself suffice;

3. If the POA is valid and not registered then it may not be admissible;

4. Consult a local lawyer, discuss the terms of the POA and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Yes if the POA is not cancelled you can lease property based on same and all the person in POA are alive. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can enter into the transaction. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Power of attorney is compulsorily registered for getting legal sanction. You need to register it

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

POA with consideration must be registered. Mere POA to authorize to act on behalf of owner, notorise is suffice.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

for sale of immovable property registration  of POA is mandatory 

 

2)  notarised  POA executed in 2010 would not be valid for execution of sale deed

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

The notarized POA is valid for lease to sale or transfer the property to other person you need mandatory registration of property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For a transaction involving an immovable property, the power of attorney deed may have to be by a registered document.

The lease agreement may not be registered with the help of the unregistered POA deed

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Even though the POA was executed in the year 2009, for carrying out further transactions in respect of immovable property, it may be mandated that the same can be done only through  a registered document, you may enquire the same in the local registrar's office.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You have rightly heard that any transaction involving an immovable property can be done through a registered deed only  likewise the POA deed also has to be through a registered deed.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

If it is prior 2010 but the transaction you are doing will be on current date in which poa registration required. For the same there are strict guidelines if SC

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is a POA which is also registered and between the members who are in blood relation.
  2. I would like to mention that as per the latest SC rulings in 2017, no property transaction can be done by POA or GPA or SPA unless the same has been executed in the favour of a close relative either blood or wife or husband.
  3. So, your case is valid even as per the latest amendment. But, now comes the question of limitation period as to how long it would be valid that is the point to be looked into.
  4. No time limit for expiry of a power of attorney, unless a specific time is prescribed in the power of attorney. However, a power of attorney expires on the death of the executor or the attorney holder. A POA may also lapses once the same is revoked.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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