Response

As the General power of attorney has been registered in your husband’s name along with your brother. If it is a registered Power of Attorney, then you can obtain certified copies from the jurisdictional Sub-Registrar’s Office. If it is an unregistered POA lodge a Police Complaint and also give wide publicity through Public Notice in leading newspapers.To get the copy of the General Power of attorney you will have to make an application to the sub-registrar office mentioning that you have lost the General power of attorney.

If you are worried that your brother-in-law will sell the property then you don’t have to worry about that because it is not possible to sell a property through a general power of attorney. In a landmark verdict, the Supreme Court, while delivering its judgment in the Suraj Lamp & Industries Pvt Limited vs the State of Haryana case, ruled that property transactions carried out by way of PoA do not hold legal validity.

ÒA PoA is not an instrument of transfer in regard to any right, title or interest in an immovable property,Ó a three-judge bench, headed by justice RV Raveendran, said, adding that property can legally be transferred only through a registered sale deed. the top court directed municipal bodies not to register/mutate properties based on these documents. The SC, however, said that genuine transactions carried out through GPA would be valid. “

Reference:

2021001362021004222580

LAWAYZ-2023-139