A power of attorney in a property transaction

At a glance

A power of attorney grants authority within its terms; it should not be mistaken for the conveyance itself. The agent's authority and the owner's title both require checking.

Law and context

The Transfer of Property Act’s sale requirements and the Registration Act’s presentation and registration provisions remain relevant. The scope, execution, continued validity and intended use of a power of attorney should be assessed before relying on it.

Practical next step

Obtain the complete authority document and principal’s title papers. Verify the proposed act, limits, revocation information and registration or authentication requirements through appropriate channels.

Important qualifications

This guide does not validate a particular power or a GPA-sale arrangement. Death, revocation, foreign execution and conflicts of interest need specific advice.

Document checklist

• Complete power of attorney
• Principal's title and identity particulars
• Proposed deed
• Validity and revocation information

Sources

• The Transfer of Property Act, 1882 — 7,54
• The Registration Act, 1908 — 32,33

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.