Can a power of attorney holder sell property to himself?

Asked by: Ellis Halvorson  |  Last update: September 4, 2022
Score: 4.9/5 (5 votes)

As a general rule, a power of attorney cannot transfer money, personal property, real estate or any other assets from the grantee to himself. Most, if not all, states have laws against this kind of self-dealing. It is generally governed as a fraudulent conveyance (that is, theft by fraud).

Can a POA holder sell property to himself in India?

If the passing of consideration is not disputed then the sale deed executed by the Power of Attorney to himself as a buyer is completely legal. If any discrepancy is found in the sale deed, the owner himself can challenge it in the court. In result, the court can quash it as illegal.

Can power of attorney sell property to himself UK?

Can the power of attorney sell the property to themselves? While the power of attorney LPA can normally buy and sell property, when considering selling property to himself, the attorney would need to contact the Office of the Public Guardian.

Can I sell my dad's house with power of attorney?

To reiterate, with a power of attorney property can only be sold if the subject is incapable of making a decision - but the sale must be in the subject's interests.

What three decisions Cannot be made by a legal power of attorney?

Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.


23 related questions found

Can a power of attorney holder transfer property in his own name?

Power of attorney holder can register the property in his own name, if the power of attorney is registered and POA expressly permits the holder to execute sale deed in favour of any person on behalf of the owner.

Can a person transfer property to himself?

Section 5 of the Transfer of Property Act, 1882 defines the term transfer of property. According to this section, transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and other living persons.

Can sale deed be executed by power of attorney holder?

A power of attorney is not a valid instrument to transfer property titles when buying or selling a property.

Can power of attorney holder sell property to wife?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

Can a GPA holder sell the property to himself?

No, the GPA holder cannot directly sell the property. A power of attorney is not a document of transfer in relation to any right, title, or ownership in immovable property, the Supreme Court of India stated in 2011.

What are the disadvantages of power of attorney?

What Are the Disadvantages of a Power of Attorney?
  • A Power of Attorney Could Leave You Vulnerable to Abuse. ...
  • If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ...
  • A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.

What are the properties that Cannot be transferred?

An easement cannot be transferred apart from dominant heritage. All interest in property restricted in its employment to the owner personally cannot be transferred by him. Even a right to future maintenance, in whatever manner arising, secured or determined cannot be transferred.

What is the rule for the transfer of the property?

Rule: The ownership/property in goods is said to be transferred from the seller to the buyer once the goods are in deliverable state and the notice for the same is given by seller to the buyer. Till the time it's in non-deliverable state, then the ownership lies with the seller only.

What are the primary rules to transfer the property?

Transfer of property must be done by a competent person: For a valid transfer, it is necessary that the property transferred should be of a sound mind, should not be intoxicated, must be a major or he is not a person disqualified by law cannot enter into a contract of transfer of property with another person.

What is the validity of power of attorney?

Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.

How long is PoA valid in India?

Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative's power would remain valid even if the principal becomes incapacitated.

Does power of attorney expire?

Most powers of attorney are good until the creator of the POA dies. The power of attorney document will say within it when it expires or when it is no longer effective. There is a slim chance that the document may set an expiration date. Most, however, state that the document is good until the person's death.

Can a person transfer a property of which he is not the owner?

A conveyance deed is executed to transfer title from one person to another. Generally, an owner can transfer his property unless there is a legal restriction barring such transfer. Under the law, any person who owns a property and is competent to contract can transfer it in favour of another.

Who is competent to transfer of property?

Transferor – Every person who is capable to contract by his own rational and is entitled to transfer the property or authorized to dispose off property is competent to transfer such property.

What are the properties that Cannot be transferred under the Transfer of Property Act, 1882?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. General rule of Transfer of Property is that property of any kind can be transferred from one person to another.

Who can transfer immovable property?

Transferability of Immovable property
  • By Anonymous. ...
  • Transfer of property has been defined under Section 5 of the Transfer of Property Act. ...
  • The transfer must be by a living or juristic person. ...
  • The transfer must be through a conveyance. ...
  • Fourthly, it must be made to a living or a juristic person.

What is transferable and non transferable property?

When a property is transferred, all the rights along with the property are also transferred. However arrangements may be made by which some of the rights may be transferred but not all. A transfer of future property is not valid in India but conveyance of such property may be valid as a contract to assign.

Who is legally disqualified to be a transferee?

A similar prohibition is separately and more specifically enacted by the Act1 and the Code of Civil Procedure,2 Section 136 of the Act enumerates the class of persons legally disqualified to be transferees under which Judges, legal practitioners, mukhtars, clerks, bailiffs and other officers connected with courts of ...

What are the liabilities of being a power of attorney?

When it comes to debt, an agent acting under power of attorney is not liable for any debts the principal accrued before being given authority or/and any obligations outside their scope of authority.

Is a power of attorney a good idea?

Indeed a power of attorney is vital for anyone – regardless of age – who has money and assets to protect and/or who wants someone to act in their best interest in terms of healthcare choices should they be unable to make decisions for themselves.