„The SC did not say that under no circumstances could a transport be registered by means of an MPA. As long as the transaction is real, the same must be recorded by the sub-registrar,“ the HC said. A person may enter into a development contract with a land developer, for the development of land or for the construction of housing in a building, and for this purpose, a POA may be executed to execute sales contracts“. he added. The continuation of the Delhi High Court`s finding at Asha M. Jain v. Canara Bank – 94 (2001) DLT 841 that the „concept of proxy selling has been recognized as transactional“ for transactions carried out by SA/GPA/WILL is unjustified and unintended to mislead the public that SA/GPA/WILL transactions are some kind of recognized or accepted mode of transfer and that it may be a valid replacement an instrument of sale. These decisions, insofar as they recognize or accept SA/GPA/WILL transactions as concluded transfers, unlike a delegation agreement, are not a legitimate right. And while the sale should be completed in a short period of time, but since I will soon be leaving India and will be from India for a long time, I will not be able to participate in the conclusion of the sale and execute the act of transmission in question and other necessary documents. Second, work with a real estate agent who has experience in managing power of attorney real estate transactions. „Good advice,“ Henderson says, „is to connect with agents who have worked with the military.“ According to the SC ruling, the Delhi government introduced in 2012 a circular prohibiting the sale of real estate by surrogacy, a will and an agreement to sell collectively or separately. Real estate can be transferred by different modes, for example.
B by sale, mortgage, leasing, donation, exchange, etc. According to the Transfer of Property Act 1882, section 54 provides that sale is defined as the transfer of ownership of real estate in exchange for a price paid or promised or partially paid or partially promised. By giving a power of attorney (PoA) to someone, they are given the right to perform certain specific legal and financial transactions on their behalf. It is customary, for example, for NGOs to give PoA to someone they trust to represent them in the exercise of their affairs in their country of origin, because it is uncomfortable for them to travel frequently. Inside the country, people also appoint a PoA who will act as a representative if they are unable to cope with physical exertion due to their age or disability. For someone who is employed and has many assets – businessmen or politicians, for example, who are too much on their plate all the time and can hardly be expected to pay their electricity bills, for example – the granting of a PoA to act on their behalf is nothing short of necessity. While a general power of attorney (AMP) gives an agent the right to perform routine tasks in his or her own name, a special power of attorney (SPA) is given to perform certain tasks. In some states, such as California, „a general or permanent power cannot be used to sell real estate,“ says Glen Henderson, a best-selling real estate agent in San Diego who also specializes in estate sales.
„So, to begin the process of selling a house with power of attorney, you need to receive the limited power of attorney for the transaction, noted and registered.“ Last but not least, it is important to mention that, in the above-mentioned judgment, Hon`ble Bench merely drew attention to the legal situation that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as transfers or transfers concluded. However, they can still be treated as an existing sales contract. . . .