PoA holders can sell property with a copy of original PoA: SC

07 Feb 2022 CW Team

According to the Supreme Court's order, the property owners who want to sell their properties through Power of Attorney (PoA) can sell and register the sale by producing a copy of the PoA without the requirement of the original PoA for registration of sales.

If the owners cancel the PoA without a written agreement on cancellation of PoA, it will still allow the property owner to sell the asset or land using the copy of PoA.

According to a Bench of Justices KM Joseph and P S Narasima, on revising the Registration Act, the Bench has rejected the plaintiff that the non-production of the original PoA by the second defendant was fatal to the valid registration being effected.

The Supreme Court (SC) declined the High Court (HC) order and added that the property registration was valid so oral cancellation of PoA remains invalid before the law, and for registration of sale of the land, the PoA holder must produce a copy of the original document and the original document is not necessary.

According to Joseph, Section 35 of the Registration Act gives power to the registering authority to satisfy himself that the persons appearing before him are the person they represent. The said provision deals with the situations in which the registering authority refuses the registration of property. In case the registering authority is satisfied with the person, it might not be the responsibility of the registrar to enquire further.

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Also read: 1% TDS applies on immovable property over Rs 50 lakh

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