The Componay being the Jjuristic person can not execute any deed on its wn.It acts through th Director.

However the Director for efficient management of the company can execute POA to any of its employee to execute other activities.

However for the purpose of transfer of proeprty it is essential that the Directors sign the sale deed and not the POA holder.

At least any of its Director must sign the sale deed along wth the POA holder. It is very important to avoid any future dispute as regards its title.

POA is enough to sign papers for sale deed and he must bring the POA document during the time of registration :)

Once a person has given power of attorney then the principal need not to come.

Yes secretary sign his enough for the company :)

1. The Director can not delegate essential functions of the company.

2.Without his presence the transfer deed can be registered.

3.Hence mere signature will not do.

4. Make his presence and signature in the title deed happen to avoid any defect in your deed of conveyance.

1.Power of attorney is fine if supported by the board resolution . The secretary if deligeted the power to sign the CTC of Board Resolution can do so.

2. Normally it is signed by the directors in case of Companies.

3. In case of POA given the the presence of the director is not required.

The CTC, in original with the copy of the POA will be the part of documents submitted for the registration to the registrar.

Yes it is totally valid, if a special Power of Attorney has been issued to execute or complete the registration process on behalf of the owner then the power of attorney holder has power to complete the registration process. You should examine the Power of Attorney that it has been duly executed or not. If that Power of Attorney has been duly executed you may proceed further.

That Power of Attorney must bear the seal of company and signature of the director. In a limited company director has power to act on behalf of the company therefore director should execute power of attorney. If that Power of Attorney has been executed by secretary and assistant secretary then it must be mentioned in the power of attorney that director has delegated the power to the secretary and assistant secretary.

Secretary has no power regarding the sale deed .. oly the directors of the company have power to sign the resolution

Is the POA registered ?

Foe sale of property POA has to be registered

3) if property belongs to company resolution has to be passed on board meeting for sale of property by company

In case of sale of property by company board resolution has to be passed for sale of property

2) sale deed has to be executed by its authorised signatory

3) his presence is necessary at time of registration

4) it is necessary to peruse documents cited by you to advice further

No, not at all.

1.The person/Director who is given authority of sale the immovable property as per the Articles of Association alone can execute the sale deed or sale agreement. 2.Before executing the sale deed the Board of Resolution inrespect of sale the property is necessary. 3. Company property cannot be sale by the POA, because the articles of Association would not permit the third party to ender into the sale transaction on behalf of the company. 4. The sale deed should be executed by the signatory authority with the company seal. The sale consideration should be paid on the company's account or name. Before purchasing the property, you should confirm that Whether any wounding up petition is pending before any court of law. If any wounding up petition then the sale is hit by section 335 of the company act.

The Seller is an individual or a company?

In case it is an individual, POA holder presence is sufficient.

If there is no POA and only the resolution is there then I would advise you to not purchase the said property.

In absence of the person/ company in whose name the land is, you must only purchase the said land if there is a duly registered POA in favor of some agent.

Do not purchase the property

1. The agent i.e POA holder can execute the sale deed for and on behalf of the principal if there is a GPA executed in his favour by the owner.

2. The resolution should bear the seal and signature of the company secretary and also that of the director. You must read the articles of association of the company to ascertain whose has the authority to execute a GPA to authorize the sale of property. If the quorum of the meeting where the resolution was passed was not complete according to AOA then the GPA falls foul of law.

As advised, get the GPA along with Memorandum of Association (MOA) and Articles of Association (AOA) vetted by a lawyer to ascertain whether the resolution was passed according to the rules or not.

It is always advisable to have a proper legal opinion from an experienced lawyer by producing all the relevant documents related to the property proposed to purchase, proceed only when the lawyer opines the genuineness and confirms the same in writing to proceed with the proposed purchase.

The information what you give is piece meal, it has no relevance from the actual situation.

Your statement contradicts to your own information, you say that the owner ies NRI and now again you say it is company director. Is the property belonging to the company or the NRI?

Why should a company pass a resolution to the property belonging to a private party?

Therefore an opinion by local lawyer would enlighten the clarification on all your doubts in this regard.

The company's resolution passed which should in terms of the articles of association or memorandum of association of the company, for selling this property as per the mandate passed in the resolution and the resolution is genuine and this act has been properly scrutinised and opined to be genuine by an advocate would be safe to proceed with the proposed purchase.

Dont take risk by ignoring the opinion of a local lawyer in this regard or avoiding to obtain an opinion from a lawyer before purchase.

If there is no POA, only resolution passed under Secretary’s signature. Is it valid for registration?

How do you think that the secretary is authorised to pass any such resolution on this subject, has the secretary been authorised by the company to pass any such resolution?

You are under great confusion, this can be clarified only after seeing the relevant documents and any opinion given without knowing the background facts may be misleading which may be lead to losing the investment