is the POA registered?
if so take search from sub registrar office
3) dont purchase the property if seller is unable to provide original or certified copy of POA
4) ask seller to revoke the POA
Can a person with POA claim rights on property
I am planning to purchase a property from Mr A and Mrs B who are the joint owners of the said property. Mr A and Mrs B had given POA (power of attorney) to Mr C to carry out the purchase legalities and the original sale deed have the signature of Mr C ( on behalf of Mr A and Mrs B ) Now It came to my notice that the original document for POA is lost by Mr A and Mrs B so my concern is if its safe to buy the property and if in future Mr C can claim his right on the property.
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
Hi, Unless and until without verifying the GPA. Don't purchase the property.
1. POA, Mr. C can't claim right over the property just because Mr. A and Mrs. B had authorised him to carryout the purchase legalities.
2. Since the original POA has been lost, a Police complaint would suffice.
3. Nevertheless obtain legal opinion by handing over copies of the property documents to any Lawyer before buying the property.
After A and B executed a PoA in favour of C, the original PoA document should be with C, and not with his principals A and B. After the sale, C should hand over the original PoA to you, if it was the only property covered by the PoA in question. Otherwise, a certified copy of the PoA will do.
- As per law, an unregistered POA is not valid for the transaction of property
- If that POA given to C was registered, then he was having right to appear before the Registrar for executing the sale deed on behalf of A & B.
- Further, as this sale deed is having signature of the C , then if you will purchase the property from A and B , then C may create problem
- Hence, the said POA is necessary .
No he can’t claim rights over ownership. He can only claim rights as per the powers in poa
It is pertinent to have the original deed pertaining to any relation to the property you propose to buy now.
The POA deed is a relevant document by which the vendor can establish his legality to sell the property.
If that is lost then he do not have any rights to sell the property.
You can skip the plan to purchase the property if the original deed is not produced, you can insist the vendor to produce the same
Thanks everyone for your valuable suggestions and advice. To add more context , Mr A & Mrs B (original owners of the property as per the sale deed) have published newspaper publications regarding the loss of POA to Mr C and also filed a police complaint for the loss of the document. I am currently discussing with Mr A on wether he can provide the xerox copy of the POA (to see the content of the POA) given to Mr C or if a certified copy can be obtained from registrar office. While we do that I want to know what can be done if POA copy is not found will adding Mr C as a witness in the new sale deed (between me & Mr A & Mrs B) and taking a affadavit from Mr C saying that he has lost the POA and has no problem with the given sale and wont claim anything in the future. Will this be a good enough precaution? Or are there some additional steps/precaution I can take to avoid any issues in future. I have taken a legal opinion from a local lawyer and he is saying that there shouldn't be any problems but again opinions change from person to person and having multiple opinion from experts help make a good choice. To iterate again The original owners are Mr A and Mrs B , All the documents like property tax, Khata certificate etc have Mr A and Mrs B names and for the current sale Mr A and Mrs B will be signing the sale deed. Its just that at the time when the property was purchased by Mr A and Mrs B (From builder) they were unable to come for purchase legalities and assigned Mr C to do so via GPA.
Asked 2 years ago
Obtain certified copy of POA from sub registrar office
2) if POA is in registered and seller are unable to produce any certified copy don’t purchase the property
3) C can be witness to sale deed
- If the said POA was registered , then A & B can apply for getting the certified copy of the same , and which is necessary
- However, you can take an undertaking/affidavit from C after mentioning that he has not right , title and interest in the said property , and after performing the specified given task , now the said POA has lost its value.
- Further, you can make him a witness in the sale deed.
In the circumstances, insist on A and B signing the sale deed (C need not sign it) and completing the registration formalities in person themselves.
It is the duty of the POA holder to produce the original POA deed or to obtain a certified copy of the same through sub registrar's office after following the full process for loss of original documents as mentioned in your post.
You should not take any steps in the above process.
If A & B would like to sell the property directly instead of their power agent i.e., C, then they should revoke the power deed by executing a registered cancellation deed jointly along with the power agent, after which they can execute the registered sale deed in favor of the prospective buyer.
If A & B have executed a power of attorney deed in favor of C at the time of purchase then the said deed will automatically become infructuous or null and void if it has not been extended and empowered the power agent to sell the property .
In that case after signing the sale deed representing the buyers the C's job is completed.
Now the owners i.e., A and B are the only people who can execute a registered sale deed in favor of the prospective buyer, C has got no rights to interfere or make any claim min this regard now or at anytime later.
Dear client,
This is a complex legal situation, and it's great that you're being cautious. Losing the original Power of Attorney (POA) document can indeed complicate matters.
1. Examine Existing Documentation: Obtaining a Xerox copy of the POA from Mr. A and Mrs. B or a certified copy from the registrar's office is a good step. Reviewing the contents of the POA will clarify the extent of authority granted to Mr. C.
2. Affidavit from Mr. C: An affidavit from Mr. C stating the loss of the POA and confirming no future claims on the property might offer some reassurance.
3. New Sale Deed: Creating a new sale deed with Mr. A and Mrs. B, possibly including Mr. C as a witness, could be a precautionary step.
4. Indemnity Clause: Inserting an indemnity clause in the sale deed could protect you from any future claims related to the lost POA. This clause would essentially hold Mr. A and Mrs. B liable for any future claims arising from the lost document.
You can reach out to us for further assistance
