Unregistered Power of Attorney is invalid for execution of sale deeds.
The Court states that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed).
In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.
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 the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him.
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.
In this case, the new owner sold the property to a new purchaser with a registered document, it may be valid if it is a registered ‘Sale Deed’. Get it verified from the sub-registrar’s office, and in case of any default, get the documentation done then and there itself, to avoid future conflicts.
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The owner sold the property to the purchaser on the basis of unregistered POA and Agreement, the purchaser has paid full consideration on the basis of this document. The owner expired after this deal. The purchaser who was then the owner, sold the property to another party with a registered document on the basis of this (unregistered)POA and Agreement. Please let me know if this deal is valid? Just to inform, that the POA ws executed in 2004, is there any SC judgment on validity of unregistered POA
Wilson john
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2022-06-06T11:31:36+00:00 2022-06-06T11:31:37+00:00Comment
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