I executed a general power of attorney in my favour from my wife & got it registered in Chennai Our place of domicle was Chennai at the time of registration of POA subsequently, I have moved to other parts of India & finally settled down in Bengaluru. Subsequent to the registration of the POA, I bought a few lands as follows 1) immovable property in TN solely in name of my wife & signed, executed by her before the sub-registrar at the time of completion of purchase. 2) immovable property in TN solely in name of my wife & signed executed by me using the POA before the sub-registrar at the time of completion of purchase. 3) immovable property in Karnataka solely in name of my wife & signed, executed by her before the sub-registrar at the time of completion of purchase 4) immovable property in Karnataka jointly in mane of me & my wife, co-executed and co-signed before the sub-registrar at the time of completion of purchase, I was planning to sell some of these properties and would like to know the following a) whether I as POA holder execute the sale agreement to the buyer on behalf of my wife. It is clarified that this property will be executed in favor of the prospective buyer by paying appropriate stamp fees & duly registering it in Karnataka or TN as the case may be. b) whether the registered POA in Chennai is valid in Karnataka or I need to execute a new POA in Bengaluru for the same. c) Whether for executing a sale of these properties, one needs to execute a special power of attorney & not a general power of attorney? Again, is this Special power of attorney to be registered in both TN and Karnataka?
A. Poa holder can both sell and buy a property provided the same is mentioned in poa. So refer the poa deed.
B. Check with local registration office.
C. Generally poa of one state is valid in another state unless any particular state has put a restriction.
Both poa and gpa materially same.
1) A power of attorney is to be registered at the office of the sub registrar within whose jurisdiction the person giving the power resides at the time of execution of the document. registered POA executed in Chennai would be valid for sale of properties in Karnataka
2) you can execute sale deed in favour of buyer as POA holder
3) general power of attorney can be executed for sale of properties . however it is always better that specific power of attorney be executed for sale of particular property
Answers to your question:
1) yes this POA can be used to sell the properties on behalf of your wife either in karnataka or TN.
2) POA if registered is valid throughout India, hence can be used in Bangalore, Karnataka as well,
3) If you are doing only one single transaction or a specific transaction, then a Special Power of Attorney is required, if you have multiple transactions then usually a GPA is executed, as is the case with you.
this would suffice.
Hi, Power of attorney executed in Tamil Nadu is valid through out India, you need not get any other power of attorney.
2. If the sale clause is there in Power of Attorney then you have the power to sell the property.
1. If the POA authorises you to sell the property of your wife which will be bought by her after registering the said POA, then certainly you can sell her said properties based on the already existing POA. If not then get a fresh POA registered for the said purpose,
2. No. POA registered in one State is not valid to be used in other State,
3. GPA is enough and the same is required to be registered before the Registrars of both the States.
A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do certain acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him. It is revocable or terminable at any time unless made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee. So, power of attorney does not convey ownership. An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor.
Now to some of your questions:
a) whether I as POA holder execute the sale agreement to the buyer on behalf of my wife. It is clarified that this property will be executed in favor of the prospective buyer by paying appropriate stamp fees & duly registering it in Karnataka or TN as the case may be.
Yes, as a POA you can very well execute a registered sale deed provided you are autorised to execute sale deed in respect of the property in question in the said POA registered deed.
b) whether the registered POA in Chennai is valid in Karnataka or I need to execute a new POA in Bengaluru for the same.
Yes, it is valid if it is a registered document.
c) Whether for executing a sale of these properties, one needs to execute a special power of attorney & not a general power of attorney? Again, is this Special power of attorney to be registered in both TN and Karnataka?
Whether general power of attorney or a special power of attorney, it shold have a mention about the property details which are to be transferred by sale or other means by executing a registered document to the transferee in the said document.
1. The GPA to authorize the sale of property is not required to be mandatorily executed at the place where the property is situated. It can be executed even outside India. If the POA is comprehensive in its sweep then you can sell the property.
2. A Special Power of Attorney is not required in your case.
