Can a special power of attorney holder sell the property?
Answered on May 20,2024
In most cases, Special Power of Attorney (SPOA) is limited and specific to presenting the documents in registrar's office. SPOA holder may not able to sell property unless specified in SPOA
Let me share my experience, my client owns a residential property in Bangalore, India. The property is jointly owned by husband & wife, both live in Netherlands
My client (husband and wife) jointly granted SPOA to Mr.Rajan (Mr. Rajan is the father-in-law to husband and father to wife). The SPOA was executed in Netherlands and couriered to Mr. Rajan to India.
Refer to SPOA image below:
SPOA holder Mr.Rajan presented the documents in sub-registrar office and completed the sale transaction. Below is our registered sale deed and we highlighted SPOA holder Mr. Rajan
Though the SPOA holder Mr.Rajan presented documents in the sub-registrar office, he was not part of the financial transaction. My client from Netherlands remotely dealt with the buyer for all financial transactions related to this property sale
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