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Can the seller who has a PoA from his family issue Special PoA to present sale deed in registrar's office?

Q: this is a new apartment wherein the land owner has entered into development agreement with builder and is selling his share apartment

Replies (3)
1
no need of special power of attorney
Ravindra kaushik


2
There is no need of special power of attorney if you are selling your own part of property you just need to transfer the agreement paper in the buyers name.
Hemraj Jha


Well,
A power of attorney is very essential legal document which can be admitted as a evidence in the court of law whenever there is any breach of trust by the attorney holder. It’s therefore essential that principal has great confidence in his designated attorney. An agents must be someone principal can trust, without reservation, to use his property for him and not for themselves, or anyone else.
Abhijit More,  Bangalore
10th November 2014


3
Hi,
The property you want to sell through POA holder is your self acquired property, you can appoint POA for the same.
But the property is joint family property then you have to obtain consent of all family members, if there is already partition among all other joint family members then consent of your family members is mandatory. But if children are not major i.e. below 18 years you can appoint POA holder on their behalf.
the opinion may differ as per personal laws of community. This opinion is based on Hindu Succession Act.
Abhijit More


Hi Abhijit,
If a person is unable to go over to registry office to present a document executed in his favour or to admit execution of document executed (signed) by him, such power of attorney shall be authenticated or attested by a Sub Registrar. Otherwise they are not acceptable for the purpose of registration.
Hemraj Jha,  Bangalore
10th November 2014


4

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