POA does not confer title to property
2) you need registered sale deed iny our name
3) first and second sale deed also needs registration . it cannot be done after 25 years
Power of attorney to registration
Hello, My father purchased a flat long time ago (25yrs) via POA. My father is technically a 3rd party buyer and there were 2 more buyers before him. Now, we want to sell this flat and for that we need to get the registry done. We do have proper chain of document highlighting transfers of property but there was no registration done by the first and second buyer. I ask someone and they said i have to get the registry done in the name of first buyer and then do registration in my name and only then i can sell it legally? But we don't know where the first buyer or second buyer is? Do we really need their involvement? How can we get our flat registered? Thanks in advance!
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
So, does that mean we need to find 1st and 2nd buyers if we want to proceed or does that mean it can't be done at all?
Asked 2 years ago
find first and second buyers
first seller can execute deed of confirmation . it should be registered
similarly between first seller and second buyer
As per Supreme court judgment the POA deed is not a title document, hence the possessor of the property do not have a legally valid title on his name.
If the principal of the POA deed is alive then the power agent can execute a registered sale deed in favor of any person including a family member.
If this property was sold to your father with sale agreement and possession, then your father can file a suit for declaration of title on the basis of possession and enjoyment or can file a suit for specific performance of contract against the seller.
You can consult an experienced lawyer int he local and obtain his opinion on further issues. by producing all relevant papers pertaining to this property and proceed as suggested.
From your contents it can be observed that neither the first nor the second owner also had a registered title deed on their name, hence it would be better you ascertain the facts and obtain a proper legal opinion from a local lawyer on the basis of all relevant documents in your possession and proceed as suggested.
Dear client,
In India, property registration is crucial for establishing legal ownership. The absence of registration by the first and second buyers could complicate matters, especially if their names are not on the property documents or if you don't have any contact information for them. If the property was not registered in the names of the first and second buyers, it might create a challenge in transferring ownership directly to you. In some cases, there might be legal provisions or procedures available for rectifying the lack of registration by the previous buyers. This could involve legal steps such as obtaining declarations or affidavits from the sellers, or seeking a court order to validate the transfer despite the missing registrations. If locating the first and second buyers is not feasible, legal remedies might be pursued to establish the transfer of ownership from them to your father and subsequently to you. It's a complex situation and could involve multiple legal steps. You can reach out to us for further assistance
If they are not available you need to get a declaration from court for getting it registered
- Since, this flat was purchased by your father 25 years ago, then it is not possible to register the property firstly in the name of first buyer
- Further, the Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana held , that sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.
- Further , transactions of the nature of GPA sales or SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.
- Further, those who had already bought property through GPA before its judgment could use the documents to apply for regularization of allotments and leases by development authorities.
- Hence, on the ground of said GPA in his name , your father can apply for mutation of the property , and then call sell the property or transfer the same to you as well.
