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Author Topic: POwer of attorney cancellation doubt  (Read 476 times)

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Offline gunaselvam_v

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POwer of attorney cancellation doubt
« on: April 23, 2016, 12:12:14 AM »
Sir
POA was registered by son( property owner) on his father in 2010 as he went abroad. Specific property details were not mentioned in POA. Now he returned and wnat to sell one proprty on his own as buyer wants only from owner and not from POA. The buyer wants to cancell POA as it is general in nature. POA can not be cancelled now as some registration have been taken two years back. Can Son( owner) register the property without cancelling POA. In Encumbarance Certificate  ,power of attorney is not seen. Please clarify.

Offline adv.amarnath

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Re: POwer of attorney cancellation doubt
« Reply #1 on: April 23, 2016, 04:25:23 AM »
I do not understood that what registration was made as you said. From my experience I can say that POA is not being registered before the office of Registrar. It may be Notarized or something else because in registered POA, property details should be mentioned specifically in the schedule. Now, if the original owner wants to sell out the property to an intending purchaser, then he can sell it. Buyers need not to worry about this.

If buyers are aware or afraid of POA then, seller/ owner can execute a Revocation of POA and same should be notarized and make a paper publication of such revocation. Hope I have clear your doubt.

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Amarnath Sanyal
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Offline gunaselvam_v

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Re: POwer of attorney cancellation doubt
« Reply #2 on: April 25, 2016, 11:04:32 PM »
Sir Thanks for your clarification. General Power of attorney to sell or buy properties on behalf of son( owner of properrties) by his father. This has been registered in TN Registrars Office ( payment of Rs.1000 as fee). They have given registration number also.

Offline advjaibansal

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Re: POwer of attorney cancellation doubt
« Reply #3 on: April 28, 2016, 04:52:14 AM »
Dear Sir,

If the buyer is purchasing the property directly from the seller then there is no need for any POA or cancellation of earlier POA if any executed. The sale transaction can be done during the existence of the POA as the property is purchased directly from the buyer and not sold to anyone by the buyer or POA holder before the present transaction.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline gunaselvam_v

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Re: POwer of attorney cancellation doubt
« Reply #4 on: May 02, 2016, 09:58:21 PM »
It was advised to get witness of Father(POA) at the time of sale regsitration in registrar office from son(owner). In document and in Regn office the POA signed as witness.

 

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