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Q.

Can agricultural land in Gujrat be sold by Register or Power of attorney?

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Agricultural land in Gujarat can be sold by either a registered sale deed or a power of attorney, depending on the situation and the preference of the parties involved. However, there are some legal requirements and implications for each method that should be considered before choosing one.

A registered sale deed is a legal document that transfers the ownership and possession of a property from one person to another for a consideration or money. A registered sale deed is the most secure and authentic way of selling a property, as it ensures clear title and prevents any future disputes or claims. A registered sale deed requires the presence and consent of both parties, payment of stamp duty and registration fees, and verification of documents and records by the sub-registrar’s office.

A power of attorney is a legal document that authorizes one person to act on behalf of another person in certain matters, such as selling a property. A power of attorney can be used to sell a property when the owner is unable or unwilling to be present for the transaction, or when the owner wants to delegate the responsibility to someone else. A power of attorney can be either general or specific, and either revocable or irrevocable. A power of attorney should be registered and notarized, and should mention the details and limitations of the authority granted.

However, a power of attorney has some drawbacks and risks as compared to a registered sale deed. A power of attorney does not transfer the ownership and possession of the property, but only the right to sell it. A power of attorney can be challenged or revoked by the owner or his heirs at any time, unless it is irrevocable. A power of attorney can also be misused or forged by the agent or third parties, leading to fraud or litigation. A power of attorney may not be accepted by some banks or authorities as a valid proof of ownership.

Therefore, if you want to sell agricultural land in Gujarat, you should consult a lawyer or a real estate expert before deciding whether to use a registered sale deed or a power of attorney.

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