Regarding Power Of Attorney | Vkeel - Free Legal Advice

Alok Kumar

Noida

As per my knowledge POA to sell an immovable property was banned by SC in 2011. Please correct me if I am wrong. I had given a registered POA to sell to a property dealer to sell my 1/3 share. Meanwhile, in 1998 itself one my cousin brothers also holding 1/3 share in it filed a case in 1999, asking for an injunction of stay against me as they fear I will sell it to an outsider. As per the will of my grandfather he had put a clause that if any of the 3 shareholders wish to sell his 1/3 share he will first give preference to his brothers asking in writing if they wish to buy it. In case they say no then he can sell it outside. During the pendency of the suit, I gave POA to sell to a property dealer( third party) in 2006 my question is Can that man sell my share between the year 2006 to 2011 to someone else? Or do some sale of agreement.

Expert's Answers(1)

Advocate Kawaljit Singh Bhatia
New Delhi, Delhi

1 Client Ratings

Dear Mr. Alok Kumar, The Supreme Court has, of course, come down heavily on the practice of selling property through POA and Agreement to Sell. However, you have not sold your share in the property through POA, but authorized a Dealer to sell your share through POA, which is valid, provided the POA is registered and stamped appropriately. Your dealer can sell your share in the property through a Sale Deed and not through POA or Agreement to Sell. However, if such POA or Agreement to Sell has been signed between the buyer and your property dealer before 2011, it is valid and the only question which will remain is whether you had offered to sell it to your brother before selling it to an outsider and also whether the POA and Agreement to Sell is sufficiently stamped and registered. Feel free to get in touch.

May 1, 2019