Power of attorney: can they sell your land?

I own a small patch of land in a village and have given my power of attorney to a friend who resides there, as I rarely visit. Can he sell the land in my absence? What are the legal aspects I should consider when granting power of attorney for property matters? —Name withheld on request

- Aditya Chopra & Amay Jain

As a fundamental principle of law, no one can transfer a better title than they themselves possess.

In this case, your friend, acting under a power of attorney, is merely an agent and not the actual owner.

This means that if the property is sold, the transaction would legally be considered a sale by you (the rightful owner) through your agent, rather than a direct sale by your friend. As the owner, you would be entitled to all proceeds, rights, and considerations arising from the sale.

Additionally, it is crucial to consider the rulings of the Supreme Court, which has consistently emphasized the legal requirements for the sale and transfer of immovable property. This includes the necessity of a properly executed sale deed and mandatory registration as prescribed by law to ensure the validity of the transaction.

Supreme Court rulings