• Is board resolution from company valid to sell property without registered power of attorney

I had got a sale agreement with a company 'B' for sale of a villa who holds joint development agreement with company 'A'. Company B had taken over the project from Company A and are selling the units however Company A is still the owner and therefore the sale deed is tripartite with both Company A (Owner) and B (Confirming party) signing with me (Buyer).
I had paid a high amount to company B for the planned registration however at the last moment I was informed that the signatory from company A had to travel and will be back in a month due to which we had to postpone the registration. 
Company B also gave me a Post dated cheque for the amount I had paid as security.
Now the signatory ( Director) of company A is back in town and they are preparing for registration. However I got to know that the directors of company A and B will give board resolutions authorizing one person each to appear in front of the registrar to register the property on my name.
There is no registered power of attorney to these employees. I want to know if the board resolution is legally valid and sufficient to go ahead with the registration without a registered power of attorney. Will there be any other problems in the future ? will there be any problems in case I sell the property in the future ?
Looking for your kind advice
Asked 4 months ago in Property Law
Religion: Christian

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10 Answers

Board resolution is sufficient to authorise one person to sell the property 

 

2) POA is not necessary 

 

3) it should not create any problems 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Coexistence of Board resolution and Power of Attorney is very important,

 

Thanks

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

HI 

In general sale of properties in the name of the company has to be authorised by its share holders in its General body meeting.vide section 293 of companies act. 

Therefore, it is important that you have a copy of the minutes of the General Body Meeting which authorises the board of directors to sell the property of the company. 

Mere board resolution (even if signed by all directors) are not sufficient. So, please insist on certified copy of the Minutes of the General body meeting to be supplied to you prior to registration of property. 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1.  Since Company "A" and "B" are parties to the tripartite agreement, the representative/s of the Companies have to carry the required documents, such as POA/Authorisation letter, Copies of resolution of the Company's Board authorising the representative/s to carryout the registration.

2.  Unregistered POA will not be a valid one.

3.  There will not be any problems in future if there's a registered POA.

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

You can go ahead with registration 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

The POA for sale of any innovation property needs mandatory registration and sale deed for the same. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Hi, Board resolution is sufficient and on the basis of the Board Resolutions the Director of the Company can authorize any of his employee to represent on behalf of the company.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

The board resolution authorizing the company representative will prove that the person selling the property on behalf of the company is responsible person but it may be mandatory that the authorization deed to sell the immovable property should be a registered deed. 

The registrar may not entertain the execution of sale deed 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

The company should register the authorisation deed in favor of the authorized representative 

In that power of attorney deed may not be necessary. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Dear Sir,

Power of Attorney is not necessary in case of Corporates. Only resolution is sufficient. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6049 Answers
363 Consultations

4.8 on 5.0

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