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

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

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.

Image Source

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

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

Related Stories

Gold Stories

Next Story
Infrastructure Urban

KONE Opens India's First Digital Experience Centre in Pune

KONE, a global elevator and escalator manufacturer, has inaugurated its first Digital Experience Centre (DEC) in India, located in Pune. The facility aims to showcase how artificial intelligence (AI), connectivity and data-driven technologies can enhance customer experiences and improve building operations.The centre was inaugurated by Jussi Herlin, Executive Vice Chair, KONE Corporation; Philippe Delorme, President and CEO, KONE; and Nandan Nilekani, Co-founder and Chairman of the Board, Infosys.Designed as an interactive customer environment, the facility demonstrates digital solutions cover..

Next Story
Infrastructure Urban

CII GreenCo Launches Circularity Guidelines for Indian Industry

The Confederation of Indian Industry (CII) GreenCo Council has launched the CII GreenCo Circularity Guidelines – Pilot Version at the 17th CII GreenCo Waste & Resource Management Summit 2026 in Chennai. The initiative aims to strengthen resource efficiency, waste reduction and circular economy practices across Indian manufacturing and process industries.The guidelines introduce a structured framework with circularity indices covering raw materials, consumables, packaging and other resource inputs. These indicators will help industries assess existing practices, identify opportunities to ..

Next Story
Infrastructure Energy

Global Electronics Association Launches IPC-1783-CO2E Standard

The Global Electronics Association has introduced IPC-1783-CO2E, a new international standard aimed at improving consistency, transparency and comparability in product carbon footprint reporting across the electronics manufacturing industry.The standard, titled International Standard for Data Collection and Reporting of CO2 Equivalent (CO2e) Emissions for the Electronics Manufacturing Supply Chain, provides industry-specific guidance for collecting, estimating and reporting carbon emissions data.With increasing regulatory requirements and customer expectations, electronics manufacturers face c..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code