Yes it's valid and you are owner. 

You can take loan

Once registered sale deed is executed by builder on basis of POA you would be absolute owner of the property 

2) I presume power of attorney was registered by the owner in favour of developer 

3) if necessary ask the original owner to execute registered deed of confirmation in your favour 

Hi

Sales deed through GPA are valid.

They might be creating issues for any kind of greediness. 

Ownership cannot be claimed on GPA alone but you got the Sale Deed done in your favour so your ownership title is very much clear.

If you have to take loan from HDFC only than you can file specific performance suit against them.

Thanks

1. If on payment of consideration of sale the property was transferred by its lawful owner by way of a registered sale deed then the sale is valid .

2. If the GPA holder at the time of the sale deed was lawful constituted Attorney or the GPA was not revoked by the Principal then there is nothing wrong in it.

3. However to give more proper advice the deeds is to be seen. 

- As per the Supreme Court of India ,  GPA is not an instrument of transfer in regard to any right, title and interest in an immovable property. 

- Further , even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorized to sell the property on owner's behalf.

-  However , if the original owner is unable to be physically present, such as in the case of Non-Resident Indians (NRIs) or disabled owners, this can be done. 

- Since, you are having Sale deed in your favour , hence you are the legal owner of the plot , if the real owner of the said plot has given the authority to sell the same intentionally by way of registered GPA , and can give a declaration separately. 

- There are many private banks , who provide loan on such documents. 

every deed executed on the basis of an registered POA is valid. 

Kindly check the plot Index II is on whose name for current year it is in the revenue department.

Need to check all proper details of the sale deed and Index II after the registration of the sale deed.

The sale deed was done with the builder who was holding a GPA. Now thatvis not a sale deed. He sold it to you on behalf of the person who actually holds the property.

A supreme court judgement in 2011 says that sale deed through GPA cannot be considered as a transfer and ownership cannot be determined in that basis. Mutation cannot be a proof of ownership. It only means who pays the land revenue. Therefore act accordingly.

If you have the registered sale deed on your name then you are the absolute owner of the property.

What is your doubt about it?

If your purchased the plot by a registered sale deed then there is no question to dispute your title to the property.

You may first of all confirm that if the Principal who had executed the power of attorney deed to the POA holder was alive at the time of execution of this registered sale deed, if so then there is no need  to be worried about the execution of this registered sale deed in your favor.

Probably the HDFC is raising some other query which you have misunderstood, hence first clarify the same and also obtain a legal opinion from your lawyer in the local and proceed with the loan application with some other bank if this one is refusing for silly reasons.

Yes

HDFC is idiot. Sale of property through POA holder is absolutely perfect and sale deed is duly registered. 

Hope you have taken original POA from builder.

Sale/transfer of title through POA and sale through POA holder is far different things.

Your title is perfect and absolutely valid.

1. IF you have purchased property via a duly Stamp Duty paid and Registered Sale Deed, THEN it is legally final & irrefutable for all legal purposes, without any exceptions, whatsoever.

2. Some Banks raise frivolous issues due to absence of chain of title-ownership documents. Hence you are advised to change your financing bank.

3. IF required You can give additional collateral surety and an indemnity bond to the financing bank, for Loan purposes.

1. If the GPA was registered and it gave the developer the power to conduct the sale then he had the legal competence to execute the sale deed in your favour.

2. Sale deed can always be executed by the agent holding GPA for and on behalf of principal.

Hello,

Yes the sale deed is valid .

Regards

Dear Sir,

After the mutation done in your favour, you are the owner of the free hold plot and objection by bank is not tenable. 

Yes the Sale Deed is legal document and title passed to you (assuming that the POA is registered).

Sale Deed executed by Builder through POA is valid, if the POA is registered, if it is not registered, then you need to get the same confirmed by the Original Owner by executing a Deed of Confirmation of Sale.

It does not bar landowner from entering into development agreement and executing POA in favour of developer for development of his land 

In general the developer enters into a joint development agreement with the owner(s) to develop the agricultural property for converting it into NA and  also gets a POA deed in his favor for welling the plots/property on behalf of the owners/sellers. 

Therefore ther is  no legal infirmity in the POA holder selling the plots on behalf of the seller/owner of the plot.

The bank has wrongly interpreted the supreme court judgment in this regard hence this confusion.

The supreme court has mentioned that the POA holder cannot acquire title to the property, i.e., he cannot be the owner of the property however he can sell the property on behalf of the owner on the basis of authorisation given through this POA deed. 

Dear Sir,

The bank may not be justified in the quoting that order. The said order is passed in different context and may not be applicable in your case. 

- Actually this order , which your bank is putting before was passed in the matter of Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011

- But your bank is wrongly referring this decision of Supreme Court of India ,because this judgment also says that: 

" those who had already bought property through GPA before its judgment could use the documents to apply for regularization of allotments and leases by development authorities."

"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," 

Further " In order to ensure that GPA continues to serve its purpose, the court said its judgment will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance." 

The court further said that a person can enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings. In that connection he can execute an agreement of sale and grant a power of attorney that will allow the developer to further sell the property to prospective purchasers.

- And further , since you have purchased this property from the builder on March , 2012, it means , that the said builder had got the GPA from owner of the land before 11. 10. 2011, and hence this judgement will not applied on him , and the sale deed by a GPA holder is valid and accordance with above judgement which was passed on 11.10.2011.

- However, you are suggested to check the GPA date , which is in favour of Builder . 

- Bank should take legal opinion from his legal advisor , before rejecting application of loan on the ground of said judgement. 

- You can book a call via kaanoon.com , if you are unable to understand . 

Good luck and dont forget to rating Positively.  

1. As per Supreme Court judgement passed in the year 2012 in the case between Surya Electrics ......Vs..... The State of Haryana, sale conducted through GPA avoiding stamp duty is illegal.

2. It appears that you have purchased the said property before the said Judgement was passed.

3. Collect the copy of the said Judgement and place before the Bank to clear the issue.

1. As I remember the Judgement is of the year 2012 as explained in my earlier post.

2. Collect the Judgement from the net and place before the Bank.

3. If you have purchased after the Judgement has passed, you shall have to ask the owner of the land to register the rectification deed of sale for the said plot or register the sale deed plot afresh if the register does not allow registering the rectification deed.

The decision of supreme court has been totally misconstrued. The supreme court has never held GPA to be unlawful even if the same is done in agency coupled with interest or GPA done to a near relative. 

I repeat there is no illegality in the transfer of land by the builder through power of attorney. 

1. Yes sales deed is legal and you are owner of the freehold plot. 

2. If bank is raising objection then ask builder to provide you true copy of registered GPA for showing in bank it will solve the purpose. 

3. Banks are generally more careful in providing loan on properties registered by GPA so no need to worry if GPA was registered.

4. You can also ask builder to get you a confirmation deed from owner of land registered in your favour. 

You cant use POA for transfer of title as it means it can't be used as a alternative for sale deed. Sale deed is mandatory but you can use POA for executing sale deed in absence of parties

If the power of attorney deed is a registered document and the principal is having marketable title to sell the property, then the registered sale deed executed by the power of attorney deed in favor of the buyer shall be valid, provided the life certificate of the principal is produced before the registrar as per .

1. The bank in question has to be a fool to misinterpret the judgment of Supreme Court in Suraj Lamps Industries case to mean that sale deed cannot be executed by an agent holding a valid GPA. Supreme Court has merely said that sale can take place only through a registered sale deed, which can surely be executed by a GPA holder.

2. Since the sale deed has been executed in your favour you are not hit by the judgment of SC.

The ruling referred by you is not applicable to your case, the facts of your case are for obtaining loan and the one referred pertains  to registration / mutation.  In your case, registration & mutation is already completed.

As replied earlier, your sale deed is valid and if need be, you can get the same confirmed by the Original owner by executing Deed of Confirmation of Sale.

No need to worry.  

However, you can check with the Banker as to what exactly he wants instead of wasting your time and energies.

Make them understand. 

That Power of attorney is not allowed to register the land. But yours is already registered after paying due govt. Fee.

It was banned by supreme court in 2011 but later on revoked 

GPA transfer is allowed in Delhi NCR

Yes that is the legal position since 2011 after the verdict of the supreme court.