Registered power of attorney adequate to affirm property sale


I have got a power of attorney coupled with interest given against sale consideration. The power was given against paying full consideration by demand draft. But when I went to get the sale deed registered in my favour, the sub-registrar asked me to submit an affidavit and consent from the seller stating that the power does exist, that it was a sale, etc. Now, the seller doesn’t appear and has started foul play. What can I do to register the property in my name? Should I go to a civil court?

—Name withheld on request

Based on the limited facts provided by you, you can file a civil suit for specific performance in the civil court having appropriate jurisdiction aga-inst the seller. In any case, you can also make an application before the office of sub-registrar as a registered power of attorney (PoA) is a sufficient document to confirm the sale of property in your favour, and generally there is no need to seek an additional affidavit confirming the existence of the registered PoA.


Kindly note that the copy of the registered PoA and details of payment made would be required while filing the suit or making an application before office of the sub-registrar.

My siblings and I have shares in our ancestral property that we would like to relinquish in favour of our aunt. Do we have to execute the relinquishment deed individually? As one sibling is out of India, can the deed be done on different dates?

—Name withheld on request


You can execute a single relinquishment deed on the same date provided you obtain a power of attorney to do so from your sibling who is abroad. Thereafter, you all can execute the deed in favour of your aunt. The relinquishment deed will require to be registered before the sub-registrar of assurances having appropriate jurisdiction. You can relinquish or release your rights separately in favour of your aunt and each relinquishment deed will have to be adequately stamped and registered.

Aradhana Bhansali is partner, Rajani Associates.


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