• Transfer of property through GPoA

Person A who is the sole proprietor of a firm owns a property. General PoA for this property has been given to person B, who is a blood relation. In fact, when the original sale deed was made it was signed by Person B as vendee. Now, as I understand, this property be sold by Person B through PoA to another person. If the new vendees are Persons B and C (jointly), can the sale deed be signed by Person B as both vendor and joint vendee?
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

Is the POA registered ? 

2) specific POA should be executed authorising B to sell the property 

 

3) sale deed can be executed by B as both vendor and joint vendee

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If there is valid power of attorney in favor of B than in that case B may sign as both seller and buyer.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes sale deed needs to be executed in above issue. Gpa can't be a supplement to sale deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No, both person B and C have to sign

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

There is no legal infirmity for a power of attorney holder to sell the property unto himself as a vendor.

As a power agent he is representing the owner of the property and selling the property on behalf of the owner to  buyer on the basis of the power of attorney deed issued to him by his principal.

Thus he sells the property to himself on behalf the principal/owner, therefore, in my opinion, there is no legal infirmity in this act. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. B can sell the property for and on behalf of A if he holds a GPA which has not been revoked.

2. B can execute the sale deed as agent of A in favour of himself and C as joint vendees.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Yes, the person 'B' can sign in the sale deed as both Vendor and joint Vendee, based on the registered POA in his favour.

2.  It's a legally valid and binding arrangement.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

No.

In contract of agency which deals with Power of Attorney as well the constituted attorney can not do any act which is considered to be an act of conflict of interest. 

In sale since the buyer always remains interested in lessening the price and seller knows only how to increase the sale price , B can not sell himself in the capacity of agent of actual owner. 

This sale would be avoidable. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No this sale deed is not valid at any cost which is made by the "B" who got the property from "A" on GPOA  basis. kindly check the SC citations regarding this and secondly how the registrar registered the property of the sale deed on POA basis. there should be proper sale deed transaction or tripartite transaction of the sale deed. or B should have development agreement registered.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. YES .... PROVIDED the POA is a registered POA with clauses to Buy & Sell.

2. IF above is true, THEN B can sell it to himself without any legal hitch.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As per law, GPA is executed by someone who cannot perform his transactions himself or herself personally due to numerous reasons, and delegate his powers to perform a duty to some other persons,
- The reason may be , the Principal resides in a foreign country and due to that he is unable to be present for the responsibility, or is bedridden,or a senior citizen who is suffering with health problems or any other valid reason on the part of the Principal for being unable to perform his duties on his own.

- Since the person B is a blood relation , hence after getting the GPA , he can transfer the said property on behalf of person A legally. 

- As the sale deed was made by the person B , then this is legally valid .

- But person B cannot enter into an agreement on the ground of said GPA getting from person A , himself even jointly with person C. Such deed would not be valid document legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

As per the law in vouge, the same person can't be vendor as well as vendee. To come to a logical solution, B can gift some portion of that property to C and then they may enjoy/use the property jointly. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If POA registered and In favor of B then B Can execute sale deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes sales deed can be signed by B at place of vendor and Vendee where it is will be specifically mentioned as POA of Owner in Vendor.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

B was a buyer ie vendee originally. Now PoA has been given to B. Please state clearly as to how he may become again a vendee ie seller.

When B was a buyer why is he being given PoA??


This cannot be done.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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