• Power of Attorney for selling my Land

Hi,

I have few questions on my Land in Bihar:
1) My father previously taken a notary power of attorney from my relative. Can i use this in any case to sell my land or it has to be register power of attoney only.
2) In case i have to take registered power of attorney, what documents and format is required for this.
3) Since my relative are now staying in Noida and my land being in another state, can i take registered POA at Noida and being valid to be used in another state.
4) Is this registered POA has to be done at registrar office only ? My relative is very old and could not come to registrar office so is there any way registrar office sends some officials with us to our relative home to make registered POA.
5) In case if that can be possible, is this MUST that that official has to be from Noida registrar office only or i can take one such officer from my city, Varanasi.
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

1. If it is blood relative your father  can with help of unregistered POA sale if he is the agent and also if the relative is still alive. Though content and time of POA has to be seen.

2. See for registered POA you can engage an advocate to draft and help you register the POA. Further stamp duty as per state has to be paid along that adhaar card and presence of both parties before registrar is required.

3. Yes you can take POA from NOIDA same shall be valid in bihar.

4. Yes there is a way you can file an application based on health of your relative and registrar under provision of.registration act can register at home. A medical certificate of doctor is required for.same.

5. It has to be from local jurisdiction only.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) registered POA is necessary for sale of property 

 

2) get POA drafted by Lawyer 

 

3) registered POA in noida is valid for sale of property in another state 

 

4) you can approach registrar office to depute representative to relative house 

 

5) it has to be from noida only 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. It depends on the conditions of the said POA. 

2. You need to register the same with sub registrar for the same. 

3.yes but it should be registered. It's always better you register it in the place of property. 

4. Yes but if they have facilities of registration at place you can avail it

5. From noida will be good

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Sir,

The Supreme Court has announced the sale of immovable property through sale agreement, will transfer or general power of attorney is not valid

The following information may kindly be read:

No property sale on power of attorney: Supreme Court

The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.

roperty sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to ANYBODY, irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered anywhere in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As per Supreme Court judgment POA for selling the property is not valid you have to make a clear title deed perfectly sale deed on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. On the basis of notarisd POA no property can be transferred anymore.

2. Moreover with the death of the maker of the POA the same become void as well.

3. Now you need to make a fresh to POA from the legal heirs of the principal of the POA.

4. If he can not travel to registrar's office then registrar can be brought at home on commissioning. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Notary is enough

To register POA, no documents require.

Notorise GPOA valid all over India.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. Only a registered POA holder can sell / transfer legally . 

2. Registered the POA from the office of Registrar with site plan if any . Address proof of Noida. Take help from drafting expert.

3. Yes, a registered POA is valid throughout India, 

4. Yes, after moving an application before the Registrar , you can avail the facility at home.

5. Since, your relative staying in Noida , hence you should apply to Noida based Registrar.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It has to be registered power of attorney only if you want to use it for selling of immovable property.

Documents required are IDs of both principal and attorney along with their address proof. 

Yes you can register the POA in Noida and use it any where in India. 

Yes you both have to go to registrar office for registration of POA. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  Any transaction towards the immovable proeprty can be done only by a registered document, hence the notarised power of attorney deed  will not entitle you to sell the property.

2. The power of attorney deed has to be executed afresh, because any deed to be registered should have been executed within four months from the date of its registration, you may have to obtain identity proofs of both the executor and the power holder along with the copies of the documents pertaining to the property for which the power of attorney deed should be executed.

3. Yes, you can do that.

4. You can apply for the registrar's visit to home for getting the deed registered at home owing to the incapability of the executor to visit the registrar's office and also you may have to pay the requisite fee for the purpose.

5. No, the registrar has to be from the local jurisdiction only.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Mutation can be done after execution of POA 

 

For sale  of land mutation is necessary 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. Mutation in name of relative should be there on your name mutation is not required if you have power of attorney. It will be mutated to buyer after sale.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 it is not mandatory. But it is very essential. If mutation is not done, does that mean title of property is not transferred from seller to buyer, even after registering the Sale Deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Registered poa is must before mutation

You will require registered poa for mutation

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

It can be done after the POA also

It has though to be done before selling of the land 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1.  Mutation of property records has nothing to do with the execution of POA deed, both are different subjects.

2. Yes, you can very well do it.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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