• Regarding the purchase of DDA flat

One of my friend has got DDA flat and she was not able to pay for it. hence she offered me to buy it, charging some extra money. However there is a lock-in period of 5 years and during that period, the registration of the property can't be transferred to me. She has suggested that power of attorney can be done in my name. I have following queries-
a. I am currently based in Jaipur and property is in Delhi. So agreement need to be done in Delhi or it can be jaipur in too
b. What agreement need to be signed and infront of whom

kindly suggest
Asked 1 year ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1) if there is a lock in period your friend cannot sell DDA flat to you 

2) POA can be executed  in delhi as principal is residing in delhi and property is situated in delhi 

3) POA should be registered before sub registrar in Delhi 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) please note that as per DDA scheme  Allottees would be handed over conveyance deeds only after they have lived in those houses for five years,

2) if after 5 years the seller refuses to sell the flat to you and revokes the POA you would be in deep trouble .

3) avoid purchase of such a flat 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) any lawyer can draft  a POA

2) a notary public is an advocate who is authorized to help the public with legal documents pertaining to property, deeds, power of attorney and business affairs.

3) A notary public is not allowed to give legal advice to anyone, unless he/she is a licensed advocate.
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. Sale through POA has been declared as illegal by the Supreme Court. If the booking has been made by her the POA cannot authorize you to purchase it if there is a lock in period prescribed.

2. The only event in which she may execute a POA in your favour to authorize you to purchase the property is if the booking has not been made by her in her name. 

3. The agreement can be made in Jaipur also but it can be registered only in Delhi before the sub-registrar.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1. It has to be registered at the place where the property is situated,

2. It will be a simple POA authorising her to perform certain acts including sale of the said property,
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Get he POA drafted by a lawyer having experience in this field,

2. Notary public is also a lawyer who can draft the said POA.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, When power of attorney is executed it has to be sale clause and when sale clause is there it has to registered in market value and stamp duty has to paid.

2. It is better you can avoid transaction through Power of Attorney and after completion of 5 years go for sale deed.

3. Suppose if you are entered into agreement of sale then if she is not ready to come and execute sale deed after completion of lock in period then you have to approach court. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
The transfer of property through a POA deed is invalid in law, there is a recent supreme court judgement in this regard.
A sale agreement can be made and registered in your favor which has a three years period validity and can be renewed for another three years before the expiry of the present term.  This may be the better option so that you dont lose your money and property.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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