1. Yes, it's possible.
2. A registered Power of Attorney has to be executed by 'A' appointing 'B' as his Attorney.
3. In the sale deed to be executed by 'A' in favour of 'C', the consenting witness will be 'B'.
Agreement to Sale
Hello, Is it possible that there is Agreement to Sale for agricultural land between A (Seller) and B(Purchaser) for months giving B full Power of Attorney but the Sale deed is done with C (Another Purchaser) with consent of B. What would the process be if this is a possibility. Thanks, Azara
Asked 2 years ago in Property Law
Religion: Muslim
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6 Answers
Revoke the POA / agreement for sale and then execute sale deed in favour of C
Yes it is possible if in the sale deed B is added as Confirming Party and gives consent to this deed between A and C.
The power of attorney deed is not a title document, hence the B cannot claim title on the basis of the POA.
However A has to cancel the sale agreement entered with B before executing a sale deed with C, if not B can approach court with a suit for specific performance of contract.
If B is agreeing to the sale of the property by A to C then the POA deed as well as the sale agreement given to B should be revoked before registering the sale deed with C
Yes it can be done as above but POA must be registered
Dear Client,
The final and irreversible legal document that transfers ownership of the property from the seller to the buyer is called a sales deed agreement, sometimes referred to as a conveyance deed or a title deed. It represents the completion of the deal and is the definitive proof of the property's sale. Before the execution date, the sale deed must be signed on defined-value non-judicial stamp paper and registered with the appropriate office, such as the Sub-Registrar of Assurance, within four months. In order for the transfer of ownership to be upheld in court, it needs to be registered. Documents needed for the sale deed process include the draft title deed, the sharing agreement between the builder and the owner (if applicable), the power of attorney (if granted), the official blueprint, the housing board's allocation letter (if applicable), and the original property papers from the bank, if there are any outstanding loans. The Sale Agreement, any relevant prior sales agreements, and a No Objection Certificate (in the event that a resale has taken place) are other crucial documents. Encumbrance certificates, completion certificates, property tax receipts, identification documents from all parties involved, including witnesses, and passport-size photos of them are essential for verification. Possession letter, Occupancy Certificate, and Stamp Duty Receipt.
Hope this answer proves beneficial to you.
