Can power of attorney holder sell property to himself?

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.

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.

Can a property be transferred through a power of attorney?

Conclusion. To summarise, a power of attorney is not an instrument of transfer in regard to any right, title, or interest in immovable property; however, any genuine transaction carried out through a general power of attorney is considered valid under the law.

Can sale deed be executed by power of attorney holder?

If the deed of power of attorney grants power to sell the property of the principal and to execute and register necessary documents in that regard, such a sale made by the agent will be valid, is binding on the principal, and will convey a proper title to the purchaser(s).

How long is power of attorney good for 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.

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.

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.

What are the rules regarding transfer of property?

The transferor must be competent to contract and entitled to transfer property or authorized to dispose of transferable property which is not his own. 5. The transfer must be made in the mode prescribed by the Act. Thus all necessary attestation and registration must be complied with.

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.

What are the disadvantages of power of attorney?

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.

Who is the competent to transfer the property?

Transferor must be entitled to transferable property-

Authorised to dispose of transferable property not his own. One who is real owner of the property and property is free from hindrance is capable to transfer the same.

What is Section 54 of Transfer of Property Act?

54. “Sale” defined. —''Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Can I claim land after 35 years?

12 years is the statutory limitation for seeking or making any claim on property. You and your dad have been in possession of the property since more than 30 years, mutation is also in your name. the legal heir who ever is making any claim, just reject it, if he wants to move court then let him do it.

Who can transfer immovable property?

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.

What happens after power of attorney is registered?

Once your LPA has been registered by the OPG they'll return the form to you (or to the attorney if they registered it). It will be stamped on every page and it's only valid once this is done. It's important that those close to you, your doctor and anyone else involved in your care know that you have made an LPA.

Is notarized power of attorney valid in India?

Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.

Does PoA have expiry date?

The PoA may be made for a limited or indefinite period of time. The PoA should state if the attorney can sub-delegate the powers delegated to him or her to another person and that the PoA shall be valid even in the event you are incapacitated due to ill health.