Legal Question in Real Estate Law in India

Poa

Want to ask:

1. If I buy a property from a seller which is on lease then what will happen to it once the lease is over.

2. what is good from a buyer point of view: power of attorney or registry and why? (Please explain in detail)

3. Why there is no loan on power of attorney?


Asked on 4/23/09, 6:49 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Poa

1. You will only buy seller's rights. A purchaser cannot have any better rights in the property than that of the seller.

2. Registry is always better because PoA may be withdrawn or cancelled; and PoA may come to an end on the death of the seller.

3. There is no ban on loans for PoA holders. However, since PoA does not confer title/ownership, some Bank may refuse loan.

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Answered on 4/23/09, 8:08 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Poa

1. Returned to owners.

2. Consult your lawyer for detailed explaination.

3. Ask your bank or lender.

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Answered on 4/24/09, 1:03 am
Sumit Mehta S 'n' S Law Offices

Re: Poa

1.the lease can be renewed once the lease period is over with the consent of the lessor.

2. registration is better than a power of attorney as a power of attorney can be revoked at the option of the person giving the p.o.a

3. generally banks do not grant loans on leased properties as a leased property does not transfer exclusive title on the property to the lessee. for further assistance please contact us on our email id

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Answered on 4/24/09, 1:04 am


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