How to sell DDA leasehold flat in Delhi with POA?
How to sell a DDA leasehold flat in Delhi? Is it legal to sell with a power of attorney? If yes, what are the risks for the seller? What alternative options can the seller consider? What legal issues can the seller face when selling with a POA?
Selling a DDA leasehold flat in Delhi through a Power of Attorney (POA) is not legally valid for transferring ownership as per Supreme Court rulings. Instead, the seller should first convert the property to freehold through DDA to get a sale deed. Selling via POA carries risks like future disputes, cancellation by authorities, and legal complications in ownership transfer. The best option is to complete the freehold conversion and then sell legally through a registered sale deed.
Selling a DDA leasehold flat in Delhi requires adherence to DDA rules, including obtaining a No Objection Certificate and following prescribed transfer procedures. A sale via a duly registered Power of Attorney (POA) is legal under the Registration Act, 1908 and the Indian Contract Act, 1872. However, using a POA poses risks: potential misuse of authority, unauthorized sale, difficulty in revocation, and disputes over the POA’s scope. Alternatively, the seller may personally execute the sale or appoint a limited POA with clearly defined powers. Legal issues include ensuring the POA’s validity, registration, and compliance with DDA transfer guidelines to avoid litigation.
Selling a DDA leasehold flat requires approval from DDA. It is possible to sell with a Power of Attorney (POA), but risks include the buyer questioning the authenticity of the sale or potential disputes. The seller should ensure proper legal documentation and consider transferring the flat to freehold before sale to avoid complications. For further legal assistance contact us on our helpline number.
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