it is advisable to have registered POA for giving premises on lease for period of 20 years
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
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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.
so let me summarize it -- the 2009 notarized POA is legal valid and I can enter in to legal transaction by using this Notarized POA. Am I right?
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.
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.
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.
Yes if the POA is not cancelled you can lease property based on same and all the person in POA are alive.
I read that as per Maharashtra registration act amendment done 2010 any POA creating interest in immovable property has to be registered. But what about any notarized POA created before 2010? can they still be valid and be used to sale/ lease the immovable properties
POA with consideration must be registered. Mere POA to authorize to act on behalf of owner, notorise is suffice.
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
The notarized POA is valid for lease to sale or transfer the property to other person you need mandatory registration of property.
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
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.
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.
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