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Buying through a power of attorney holder
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- Who is selling? Through a power of attorney
Where you stand
- Be careful A sale through power of attorney alone does not give you title — insist on a registered sale deed signed by an authorised attorney.
Papers to gather
- Chain of title documents for about 30 years
The core check — who owned it before and how it passed. Where: Seller, sub-registrar office. - Encumbrance certificate
Reveals mortgages and earlier sales. Where: Sub-registrar / state portal. - Revenue / municipal records (mutation, khata, record of rights) and tax receipts
Must match the title documents. Where: Tahsil / municipality. - Registered power of attorney and proof the owner is alive
A cancelled PoA or deceased owner makes the sale invalid. Where: Seller.
You may also need, depending on your answers
- RERA registration, approved plan and occupancy/completion certificate — Unregistered projects and missing OC are major risks.
- Land-use / conversion order and any purchase eligibility — Agricultural land has state restrictions.
- Agreement to sell, receipts and payment proof — Basis for refund or a suit to enforce the sale.
- Police complaint about the fraud — Forgery and cheating are crimes; quick reporting matters.
What the law says
Title passes only by a registered sale deed; a power-of-attorney or agreement sale does not transfer ownership (Supreme Court, Suraj Lamp, 2011). New projects must be RERA-registered. Tax must be deducted at 1% where the price is ₹50 lakh or more.
General information, not legal advice.
Saboot will also ask
- Where are you?
- What kind of property?
Similar situations
- Checking a property before buying it
- Paid advance and seller backed out
- Seller sold the same property to two people
- Bought a plot and found it has a loan or case on it
- Paid part in cash and seller is denying it
- Agricultural land purchase — conversion and rules
- Resale flat purchase — society and loan clearance
Sources
- Real Estate (Regulation and Development) Act, 2016
- Transfer of Property Act, 1882
- Income Tax e-filing portal (official) — the Income-tax Act, 2025 applies from 1 Apr 2026
The full guide: Buying property — what to check, or I was cheated in a property deal · All situations

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