Sale Of Land In India Through Foreign Power Of Attorney

Asked in Property

  • Ram Singh

    Auckland

Expert's Answers(1)

  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Dear Sir, Purchase of property through POA is banned by Supreme Court. The relevant law is as follows: No property sale on power of attorney: Supreme Court Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer. In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property. A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds. "A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA. The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people. Please contact me through this Website for more details.

    March 30, 2018