• Power of attorney

Sir, I am planning to buy a land property at DAMAN and Diu. Actually the seller is having 4000 sqmtr land of single plot and he wants to sell around 2000sqmtr. For the partition process it will takes around 3 months of time by the Govt agencies ... But meanwhile he wants to sell the part of land by giving me Power of attorney. Pls help me in answering following points.
A. Is power of attorney leagal if I do POA registration and ready to pay income tax related lialibilites .
B. Will I have the 100% ownership of property.
C. In case of death of seller On completion of POA. Can his Kins claim the land or take me court for said land
D. Can I sell the land to any party on completion of POA
Asked 5 months ago in Property Law from Daman and Diu, Daman and Diu
Religion: Hindu
Sale of property had to be only through same deed to confer clear and marketable title to property 

2) POA is not sufficient 

3) in case of seller death POA ceases unless it is coupled with consideration 

4) legal heirs can create roadblocks and claim property as no regd sale  deed executed 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
A.  Buying an immovable property through a power of attorney deed is invalid and illegal.  There is a supreme court ruling itself  for this. 
You can enter into a registered sale agreement on yur name which will be a valid and proper procedure.



B  By power of attorney deed there is no conferment of ownership of property.  
POA deed is not a title document.  It is just a licence to represent on behalf of the owner.




C Yes.  After the death of the principal, the POA deed becomes revoked or infructuous automatically. 




D.  You can sell the property only during the effective period of the POA and  not after the death of the principal who executed the POA in your favor.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The sale of a property is possible only through execution of sale deed and not POA. The seller or his agent will have to execute the sale deed in your favour which will have to be registered after payment of stamp duty.

2. Ascertain that the title of the property is free and marketable so that your title is not defective. 

3. If the principal dies before the execution of sale deed the POA will become invalid.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
only framer can purchase agricultural land 

2) you are not farmer hence cannot purchase agricultural land 

3) don't purchase land by POA . even if he is willing to deposit original title deeds of land 

4) it is better to wait for some months then loose your hard earned money and spend years in running around court
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
A  You cannot be treated to belong to farmer's family on the strength of your father in law's farmer status.  He is an outsider in this regard.

B  When POA is invalid i the eyes of law what is the use of purchasing the property by that mode which is illegal in the eyes of law?


C  If you are prepared to face the loss that may incur at a later stage due to this hasty decision, yo may go ahead without paying heed to the legal advises rendered here or you can dcid about protecting your hard earned money by not investing into this clouded affair whose mystery cannot be unravelled at least immediately.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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