• Sale deed without a power of attorney

Hi team 

I have attached the seller power of attorney with the agreement for sale and registered it. The registered power of attorney with the agreement for sale has been submitted to the Bank for loan. 
Now I want to do a sale deed and get it executed in the Registrar office when the bank disbursement happens. The bank doesn't know that I am planning for a sale deed. 

Can a sales deed happen with a photo copy of the power of attorney? Can the Registrar raise an objection even if we mention that the agreement has been done and power of attorney has been attached to it?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
Yes , sale deed man=y be made on the basis of photo copy of POA. However you can get certified copy of the said POA and produce it before the Registrar. That is enough.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) original power of attorney must be offered for inspection 

2) you can attach xerox copy of power of attorney 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. If you are planning to execute the sale deed in favour of the same person with whom you entered in to the sale agreement, then why do you want to hide it from the lending Bank,

2. In fact the Bank will carry the original POA to the registrar's office and  get the sale deed registered to keep the original for mortgaging the  property registered for which it has provided loan,

3. If you are planning to register a sale deed in favour of some body else other than the person with whom you registered the agreement of sale and availed loan, then it will be considered as an illegal act which is advised against,

4. Sale Deed can not be registered with photocopy of  POA.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
First of all you shuld understand that the sale deed has to be executed by a vendor and not by the buyer himself.  
The vendor either directly or through its power of attorney agent may sell the property based on the marketable title deed and the power deed.  
Therefore it is essential that the proof of power given to the agent is to be produced before the registrar's office to execute a registered sale deed. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
A sale deed can be executed only on the basis of an original or certified copy of a registered POA. A photocopy will not suffice for the purpose of registration of sale deed. An agreement to sell does not require a mandatory registration, so the registrars do not waste their time and energy on raising an objection but this will not be the case at the time of execution of sale deed.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Hi, Normally the Sub-Register will ask for original Power of attorney other wise they will object for the Registration.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The Sale Deed can be registered with a photo copy of the POA.
2. If the Registrar refuses to accept photo copy of the POA, inform the same to the Bank and ask the bank authorities to bring the registered original POA at the time of registration of sale deed to be shown to the Registrar.
Shashidhar S. Sastry
Advocate, Bangalore
1243 Answers
59 Consultations
5.0 on 5.0
Do you  apply the loan for purchase of property?The agreement is ok for getting a loan.But the power of attorney mention in query for what purpose you submitted in bank.  

sale deed can be executed only on the basis of an original .Sale Deed can not be registered with photocopy of  POA.If you are planning to register a sale deed in favour of third party other than the person with whom you execute the agreement of sale and availed loan, then it will be considered as an illegal act  if you receive the loan amount from the bank 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1) sale deed is required to be duly stamped and registered . 

2) you can change your lawyer if you so desire 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. You shall have to register the sale deed before the register for which you are required to prepare a Sale Deed,

2. The Bank will have nos. of empanelled lawyer one of whom you can hire,

3. In normal course, the Bank Manager  is supposed to follow up with you for registering the sale deed since sale deed only conveys title of the property and the Bank will keep the original sale deed for creating security interest on it for the provided loan,

4. Engage a lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
is it necessary to execute the sales deed in the Registrar office? If not, what could be the other valid documented proof that the seller has received the money and the property has been transferred? 
For any transaction related to the immovable property, whether sale or settlement or gift etc., it should be executd by a regitered deed or document only. Unregistered transaction is invalid in the eyes of law.



I need a document which is valid and complete in itself.
Unfortunately I have a useless lawyer who doesn't have all the answers. Fortunately, I have your valuable inputs.
A registered sale deed document is the only option before you and do not compromise on it lest it may lead to legal complication at a later date which would be very difficult to solve.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Registering the documents relating to the transfer, sale, lease or any other form of disposal of a property is compulsory by law under section 17 of the Indian Registration Act, 1908. Once a property is registered, it means that the person in whose favour the property is registered is the lawful owner of the premises and is fully responsible for it in all respects.

PROCESS OF PROPERTY REGISTRATION
The registration of a property involves adequate stamping and paying the registration charges for a sales deed and having it legally recorded at the sub-registrar's office.
Both seller and Buyer (If GPA is there, then GPA holder present) are present before the Sub registrar. Sub Registrar manually scrutinizes the document. The amount in the transaction is already mention in the document reflect the consideration  This is the price paid or agreed to be paid for the property mentioned in the document.If possible DD / Cheque  is used for money transaction and the cheque no .is noted in the sale deed 

REGISTERING A MORTGAGED PROPERTY
If a property that is under mortgage is to be registered, the mortgaging bank will require an NOC from the housing society in a prescribed format. It would then initiate the loan disbursement, depending on the repayment eligibility of the purchaser. The document will be duly registered on bank’s confirmation of disbursement to the seller after obtaining all the originals from the sub-registrar’s office. The housing society will need to receive an intimation, without which the existing owner cannot create any third-party lien or exercise any right to further sell or grant a leave and license on the property.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
The sale deed is executed only before the sub-registrar. There has to be consideration of the sale, in the absence of which the transaction cannot be regarded as sale. Once the sale deed has been executed there is a rebuttable presumption of law that the seller has received the money. So if you have a useless lawyer then engage a useful lawyer to get the sale deed vetted by him before it is executed.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Hi, sale deed has to be registered before the Sub-Registrar office and there is no other mode of transfer of property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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