• Ownership query

Can a property be registered n one persons name while the signing authority is someone elses ?
and can a power of attorney to aquire property papers from the govt office on a flat suppose flat x can that power of attorney be changed to acquire another property say flat y from that person
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) please state detailed facts of your case 

2) if specific power of attorney is issued it can only be used for acquiring property mentioned in said POA 

3) if general power of attorney is issued it can be used for acquiring another property provided POA is registeted 
Ajay Sethi
Advocate, Mumbai
33645 Answers
1856 Consultations

5.0 on 5.0

The POA holder can transfer property in the name of the principal and in that case the signing person and the actual person remains different.
If the it is general power of attorney then any property can be dealt in. However in specific POA it can not be done.
Devajyoti Barman
Advocate, Kolkata
8901 Answers
108 Consultations

5.0 on 5.0

1. Yes, the signing authority can be the POA holder who will register the deed in favour of the executor of the POA,

2. Yes, if he has been so authorised by the executor of the POA, he can collect the property papers. POA can not be changed and the POA holder can not do any act based on the said POA which has not been mentioned therein.
Krishna Kishore Ganguly
Advocate, Kolkata
14876 Answers
351 Consultations

5.0 on 5.0

If the power of attorney is particularly authorising the agent to perform that act on behalf of the principal, there is no legal infirmity in it.
While posting such queries, for more clarity in the opinion, certain background details may be furnished to get more detailed opinion.
T Kalaiselvan
Advocate, Vellore
23669 Answers
233 Consultations

5.0 on 5.0

The sale deed has to be registered in favour of the buyer whereas it can be registered either by the seller himself or anyone on behalf of the seller. A POA can either be limited or unlimited. If it is limited to the sale of one property the POA cannot be used to purchase another property. 
Ashish Davessar
Advocate, Jaipur
20750 Answers
549 Consultations

5.0 on 5.0

Hi, power of attorney means the agent has to act as per the instructions of the principal and he can't do anything other that the powers conferred in the GPA.
2. Suppose if the X has act given power of attorney to "Y" then "Y" has only authority to act on behalf of the "X" and others have no right to act on behalf of "X".
Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

With out a clear detailed facts ,it is difficult to provide a good answer. 

Once the person representing the true owner was not genuine, it was always open to the Sub-Registrar not to return the document. A power of attorney can be granted by the party transferring the property (transferor) to the party to whom the property is to be transferred (transferee) for the purposes of granting authority to the transferee to execute the conveyance/sale deed in favour of the transferee, and registration of the sale deed on behalf of the transferor. Check the power of attorney is specific or general . 

If specific power of attorney is issued it can only be used for acquiring property mentioned in said power of attorney.if general power of attorney is issued it can be used for acquiring another property provided power of attorney is registered
Ajay N S
Advocate, Ernakulam
2327 Answers
28 Consultations

5.0 on 5.0

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