• Can property be sold using without registry

My grandfather bought a property in Bhiwadi, Rajasthan in 1990s from someone (let's say Mr. X) who didn't have the property registered in his name. In early 2000s, my grandfather helped Mr. X get a registry.

Now my grandfather has the power of attorney & Patta & the sales letter is in my grandmother's name. But my grandfather doesn't have the registry in his name (the registry is still in Mr. X's name who now has died). But my grandfather has possession of original registry documents (in name of Mr. X).

Now my grandfather wants to sell the property. Can he do so? How can we sell it? What things to keep in mind?
Asked 1 month ago in Property Law
Religion: Hindu

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7 Answers

POA ceases on death of X unless it is coupled with consideration 

 

2) if POA mentions it is for consideration on basis of POA grand father should execute execute registered gift deed in grand mother name 

 

3) then grand mother can sell the property 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Any sale of property by a person without there being a registered title in his favor is invalid. Let grandfather get a sale deed registered in his favor by the person having registered title deed then he can valid sale the property.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

My suggestion is to visit the office of Sub Registrar, Bhiwadi and contact the concerned officer and let him know your problem.   In my opinion, the grandmother can execute the sale deed in favor of your grandfather on the basis of sale letter. 

Dalip Singh
Advocate, New Delhi
882 Answers
17 Consultations

5.0 on 5.0

Your grandfather is not having title to the property hence he cannot sell the property.

The power of attorney deed in his favor also stands cancelled automatically upon the death of the principal/grantor.

Even though he may possess the physical possession of the property s well as the documents pertaining to the property, he cannot sell the property, he may have to get the property registered to his name through the legal heirs of te deceased X, after which he will acquire title to the property.

He can sell the property thereafter.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Hi,if he has patta in his name ,then he can make a sale deed ,as in Rajasthan patta is considered to be a valid ownership proof

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
48 Consultations

4.9 on 5.0

Dear Sir,

  •  Without Registration you have no legal right over the property even if you have cleared all your dues with the builder. Without registration, a buyer has no legal right over the property so, one cannot sell it to anyone under the Transfer of Property Rights Act.
  • You need to register your property as soon as you have paid the full amount for your property and other charges to the builder. Stamp duty and registration charges are paid to the govt and the property is registered in the name of the owner. This is how ownership right is created for a property.
  • Power of attorney doesn''t provide right to sell property as it is illegal.

    Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

You need a registered poa and the same needs to be done through a sale deed. The  heirs of the principal/original owner may challenge the same to create trouble. You need a party who is willing to buy the same in above conditions

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

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