I have received a power of attorney with interest against sale. The power of attorney was granted by direct debit against payment of the full consideration. But when I went to have the deed of sale registered in my favor, the sub-registrar asked me to submit an affidavit and consent from the seller stating that the authority exists, that it is a sale, etc. t appears and a foul game has started. What can I do to register the property in my name? Should I go to a civil court?
—Name withheld upon request
Based on the limited facts you have provided, you can file a civil action against the seller for certain performance in the competent civil court. In any case, you can also apply to the sub-registry office, as a registered power of attorney (PoA) is sufficient document to confirm the sale of the property in your favor and there is usually no need to obtain additional power of attorney affidavit confirming the existence of the registered PoA.
Please note that the copy of the registered PoA and payment details are required when filing the lawsuit or filing an application in front of the sub-registrar’s office.
My siblings and I have shares in our ancestral property that we would like to give away in favor of our aunt. Do we have to execute the waiver individually? Can the act be carried out on different dates since a sibling is not in India?
—Name withheld upon request
You can make a one-time waiver on the same day if you obtain a power of attorney from your sibling living abroad. Then you can all enforce the certificate in favor of your aunt. The Deed of Assignment must be registered in advance of the Understanding Sub-Registrar with the relevant jurisdiction. You can give up or release your rights separately in favor of your aunt and each waiver must be stamped and registered accordingly.
Aradhana Bhansali is a partner at Rajani Associates.
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