• Buying Plot - Plot owner has issued a power of attorney to his daughter.

Hi,

I am going to buy land in Patna (Bihar). Whose owner has given power of attorney to his daughter in 2011.
My questions are:
1. If I buy that plot, then who will do registry to this plot? Owner or his daughter ?
2. If owner is doing registry, then his daughter can claim for this plot in future ?
3. If daughter is doing registry then what will be the role of owner in that case ?

I have queried about it from few people, some are saying you should do from owner some are saying do from daughter. Now I am totally confused.

Please guide me on this.

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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9 Answers

1. Firstly the POA deed should have been executed through a registered document, then the schedule of property has to be mentioned in the registered POA deed authorising the power agent to sell the schedule mentioned property, a life certificate should be obtained in respect of the Principal of the power deed executed by him to prove that he is still alive as on the date of execution of this registered sale deed on his behalf.

If the above conditions are satisfied the power agent can execute the registered sale deed in favor of the prospective purchaser.

 

2. If the property belonged to the Principal and he only executed the registered sale deed, he first has to cancel the registered POA deed given in favor of his daughter, if she refuses to cooperate for cancelling the POA deed, then he can issue a public notice through a local newspaper stating tht the power of attorney deed given in her favor stands cancelled and she is no more authorised to act as his agent.

He can execute the registered sale deed subsequently in favor of the buyer directly.

 

 

3. The daughter in the capacity of the power agent shall be executing the registered sale deed, hence the owner of the proeprty shall remain a owner  only who has authorised his agent to sell the property on his behalf. 

T Kalaiselvan
Advocate, Vellore
87448 Answers
2348 Consultations

I presume POA is registered 

 

2) daughter will execute registered sale deed on father behalf 

 

3) owner has authorised daughter to execute sale deed on his behalf 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

1. Daughter, being the Attorney nominated by her father has to do the registration of the property, subject to the selling clause in the POA and is registered.

2. Daughter has been authorised to act on behalf of her father.

3. Owner's role terminates, when once he has authorised his daughter, through Registered POA.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

Owner can revoke POA executed in favour of daughter 

 

2) issue public notice about revocation of POA 

 

3) owner can execute registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

Inspite of having given the POA to the daughter, still if the father (principal) wants to register the property to a prospective buyer, then the father has to revoke the POA through which he had authorised his daughter to sell the property. After following the procedure, as explained above, the father (owner) can sell the property.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

If the owner would like to sell the property directly then he has to first revoke or cancel the registered POA given to his daughter following the proper legal procedures.

After that once an entry reflecting the cancellation of Registered POA appears in the encumbrance certificate, he can sell the property directly to the prospective buyer.

T Kalaiselvan
Advocate, Vellore
87448 Answers
2348 Consultations

The supreme court has stated very specifically in 2011 that PoA holders are not owners. Hence tge owner's presence is vital.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The daughter has the right to do it on his behalf if he is not present.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. Daughter if she has POA for sale. 

2. If owner has cancelled poa then she can't. 

3. Owner is a consenting party for the same as he has given POA to daughter. 

Prashant Nayak
Advocate, Mumbai
32678 Answers
207 Consultations

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