Buying house via Power of Attorney? Read this - What is a PoA? (2024)

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What is a PoA?

A Power of Attorney (PoA) is a legal document through which a person nominates another person to act on his behalf. As against a Special Power of Attorney (SPA), in a GPA (General Power of Attorney) the principal grants a more comprehensive power of attorney to his/her agent. Such a GPA empowers the agent to carry out a large variety of jobs/transactions and not just a specific job. For instance, this may include payment of utility bills, collecting rent or carrying out all bank-related work while acting as the representative. For transfer of title through PoA, buyers generally insist on GPA.However, due to the financial benefits it provides to both the buyer and the seller, selling a property through a PoA has become a common practice in Indian cities.

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Does not give ownership rights

If one buys property through the PoA then mutation will not take place in municipal and revenue records as a PoA doesn't give ownership rights to the agent in whose favour the instrument has been made. In other words, any person who buys a property through a PoA may have the 'possession' of the property but in the absence of a genuine registered sale deed he would not be considered as the rightful legal owner of the said property.

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More chances of fraud

There have been many cases in Delhi and neighbouring cities where buyers entered into a transaction with the sellers through PoA but later found many others claiming a stake in the property, thus, leading to protracted court battles. This mostly happens when the property transacted via PoA is not registered. When we give power of attorney to someone, it's like giving your locker keys to that person. If one wants to look for past transactions of a particular property at a registrar's office, the ownership of only those properties is reflected on which stamp duty and registration has been paid.

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PoAs being misused in buying/selling property

Under the notion that a PoA gives them proprietorship rights, many people replaced sale deeds with these. Buyers complete a property transaction after signing an agreement to sell, get a PoA from the seller and a get a Will made. This all is done without the payment of stamp duty or registration as per law. Thus, PoAs are commonly exploited in the real estate sector, especially to park black money, brokers say.

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Getting clear title on property will be difficult

There have been instances where people have bought properties through PoA butat a later stage when they tried to register their property by paying the full stamp duty, the original seller charged a hefty amount to come to the registrar's office and sign the sale deed.

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No finance from bank

A potential buyer would also find it extremely difficult to get finance from a bank or a non-banking finance company to buy a property via a PoA. This is because banks do not finance property transactions performed through PoAs.

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Irrevocable PoA can still be revoked

Section 202 of the Contract Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent. If the agent has a financial interest in the property, say commission to get the job done, then the PoA is irrevocable because then it comes under the Contract Act. But if the principal finds that there is a gross mismanagement on the agent's part, including the agent breaching the contract terms, or acting beyond the scope of powers then the irrevocable POA can be revoked through a revocation notice.

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Buying house via Power of Attorney? Read this - What is a PoA? (2024)

FAQs

What does PoA mean in legal terms? ›

A power of attorney is a legal document that allows someone else to act on your behalf. A power of attorney can be helpful to older people and others who want to choose a trusted person to act on their behalf when they cannot.

What is the full form of PoA? ›

What is a power of attorney? A power of attorney (PoA) is a document that gives another person the legal authority to act on your behalf as per the terms mentioned in the document.

What does PoA mean in retail? ›

You've likely seen the letters “P.O.A.” on certain listings for products or services and wondered what they meant. P.O.A. stands for “price on application” and is usually used when the price of a good or service is not readily apparent or when it would be unfair to list a price publicly.

What is power of attorney for property buying in India? ›

A Power of Attorney for property transactions in India is a legal document that grants authority to an individual (the Attorney-in-fact) to act on behalf of another individual (the Principal) in matters related to buying or selling real estate.

Which is a key disadvantage of a power of attorney? ›

A Power of Attorney Could Leave You Vulnerable to Abuse

When you have designated an agent to act for you, that person gets a lot of authority over your money, property, and decision-making.

What is the most recommended type of power of attorney? ›

More often than not, our clients opt for the General Durable Power of Attorney (a mix of the Durable and General Power of Attorney) for it's ease of use by the Agent, and sustainability over the lifetime of the Prinicipal.

What are the risks of being a power of attorney? ›

Potential Disadvantages of Being a Power of Attorney

If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.

What is the full form of POA in purchasing? ›

Purchase Order Amendment (POA)

What does the POA mean on a bank account? ›

Enter a handy document called a power of attorney. A POA is a simple document that grants specific powers to someone you trust—called an "agent" or "attorney-in-fact"—that allows this person to deposit your checks at your bank, file your taxes, or even sell or mortgage your home on your behalf.

Does POA mean plan of action? ›

A Plan of Action (POA) is a form of treatment plan update when a consumer's progress has deteriorated or plateaued. It is meant to be a motivational plan with short-term goals in oder to get the consumer back on track with services and usually runs for 30-60 days.

What does POA stand for in money? ›

What Is a Financial Power Of Attorney? A financial power of attorney (POA) is a legal document that grants a trusted agent the authority to act on behalf of the principal-agent in financial matters.

What does POA mean in billing? ›

To group diagnoses into the proper MS-DRG, CMS needs to identify a Present on Admission (POA) Indicator for all diagnoses reported on claims involving inpatient admissions to general acute care hospitals.

How to get power of attorney in USA to buy property in India? ›

Visit the designated consular counter at the Indian embassy or consular office in the presence of consular staff to sign the Power of Attorney document. Ensure that your signature matches the one on your most recent and valid passport.

Can someone sell your property with power of attorney in India? ›

Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.

What is the special power of attorney? ›

Key Takeaways. A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. The agent can act on behalf of the principal only under specific, clearly defined circ*mstances.

What does POA mean in claims? ›

The Centers for Medicare & Medicaid Services (CMS) has updated the Reporting section of the Hospital-Acquired Conditions (HAC) & Present on Admission (POA) Indicator Reporting web site to describe the reason codes that are being shared with providers who are improperly submitting Present on Admission Indicator data.

Does poa mean plan of action? ›

A Plan of Action (POA) is a form of treatment plan update when a consumer's progress has deteriorated or plateaued. It is meant to be a motivational plan with short-term goals in oder to get the consumer back on track with services and usually runs for 30-60 days.

What does POA mean in wills? ›

A Power of Attorney (POA) is an incredibly important piece of your Estate Planning efforts. Your POA allows you to appoint another person, known as an “agent,” to act in your place. An agent can step in to make financial, medical or other major life decisions should you become incapacitated and no longer able to do so.

What is POA in payment? ›

A power of attorney (POA) declaration gives another person the legal right to: Look at your account information. Talk to us. Send us information. Represent you.

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