Registered Agreement for sale executed by registered POA holder of builder is valid
Property Registration by POA
I purchased a flat in Goregaon west mumbai and recently got done it's Agreement of Sale registered at the Sub Registrar Office at goregaon west . The registered POA on behalf of the Builder did the signing of the said Agreement of Sale at the Sub Registrar office. The registration was successful & index 2 is also generated. My question is this agreement of sale which is signed by Registered POA is Valid ? Since Builder himself was not present.
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
The builder himself is a power agent selling the proeprty on behalf of the owner as per the joint development agreement or joint venture entered between the builder and the land owner.
Since he will not be available for executing the registration of each and every property, he will depute his staff as his authorised representative from his side to execute the and register the document in the capacity of the power agent, which is usual and there is no illegality or legal infirmity in it.
Yes it’s valid
Agreement of Sale which is signed by registered POA holder is valid if the power to execute the Agreement of Sale is inbuilt in the registered POA. In such a situation, the presence of the Builder is not necessary.
In India, the Power of Attorney (POA) allows someone to act on behalf of another person in legal or financial matters. If the registered POA was authorized by the builder to sign the Agreement of Sale on their behalf, it should be legally valid, assuming all the necessary legal formalities were followed. However, the validity of such agreements can sometimes be a matter of concern, especially if there are specific clauses or legalities that need to be met. It's crucial to ensure that the POA is valid, legally authorized, and properly executed as per the laws governing POAs in India.
1. Check whether the POA used for signing the agreement is legitimate, correctly executed, and within the legal framework of the jurisdiction.
2. The POA should explicitly grant the authority to sign the Agreement of Sale on behalf of the builder. It's advisable to review the POA document to verify if it covers such transactions.
3. Ensure that the registration process followed all the legal requirements and that the index 2 generated after registration is in order.
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If stamp duty is paid and a relevant legal authorized POA is attached to your agreement to sell, then it is valid.
- As per law, only a registered POA holder can execute a transfer documents on behalf of the principal
- Hence, if that POA was registered , then the said POA holder presence on behalf of the builder is enough and it will not create any trouble .
