Difference between Speical and General Power of A
i want to sell a plot in Pakistan, punjab, I sent special power of attorney on my uncle name.
it was sent to foriegn affair for attestation, upon return, the local registratr is saying since it has word special on it, my uncle have to register and do intiqal of property on his name, then sell it out?
Now I am asked to sent a General POA.
My questions are
a) I thought the person whose name is POA, he cannot transfer property on his own name, so how come the registrar is claiming that property to be first registered in his own name?
b) If I give General POA, can my uncle not Sell my ALL property if he like since it has word General in it?
Should i go ahead and send General POA mentioning only that plot number, would i be secure than?
Iqbal Ch replied on Saturday, May 5, 2012 07:22 PM PST
Registrar is totally wrong. There is no need to transfer property in the name of person holding SPA. Special power of attorney itself means that the person given power of attorney is authorized to sell a particular property only. If you send General Power of Attorney, it will mean that you have authorized him to sell your other properties also. Ask your SPA holder to consult some good lawyer to "deal" with the Registrar. |
Irfan replied on Saturday, May 5, 2012 08:43 PM PST
I called a lawyer in lahore, who confirmed me that if i giver general POA but mention the plot number, he / she can only sell that plot not all property? i am confused |
JJJ replied on Saturday, May 5, 2012 11:54 PM PST
Irfan sahib, Be very careful, I am a Lawyer and can confirm that you could be in trouble if you give General power of Attorney, and also try to save your property now for which you have sent special power of attorney to your Uncle.
Uncle is trying to cheat you unfortunately and wanted to transfer or sell all of your property. |
Irfan replied on Sunday, May 6, 2012 03:37 AM PST
JJJ thanks for feedback, some lawyer are stating if I place plot number on general than he can only sell that plot but not all my property |
JJJ replied on Sunday, May 6, 2012 09:00 PM PST
General POA is specifically for the General purposes, yes you can mention plot number but legally General POA will not restrict the authority of that person to deal with that specific plot. If POA restrict the authority for a specific purpose then it's not a General POA but a Special POA.
Hope you will understand. I will suggest you to visit Pakistan personally without informing anyone and settle your deals yourself or you can involve LRE in-between (at-least they can take a draft on your name can deposit into your account), A 1% commission can save you and your interests which is not a bad deal. |
Jameel replied on Monday, May 7, 2012 06:06 AM PST
There is huge difference in general power attorney and special, General covers every thing and person acts on you behalf, where as special is for specific task, Like to get rent of house to sell specific property of to represent you in court. When writing special attorney you can clearly specify that this man is authorized to do this this act and sometimes it is also mentioned he is not authorized to do any other act beyond this domain.
Most of reputed societies don't transfer plots on power of attorney, same is true with LDA, however Patwar Khana system still honors this. In past power of attorney had been main cause of property disputes, as ownership cant be verified. And many had been fake in past. |
Irfan replied on Monday, May 7, 2012 01:43 PM PST
Thanks Jameel
In my case on my speical POA, I have indicated the this is for sale purposes but Patwar Khana is still giving me hard time and asking to do General.
If i do General and mention that plot number only on it, would this limit the sale to only that property? |
Asim replied on Tuesday, May 8, 2012 09:14 PM PST
A special power of attorney is for purposes like Litigation, Rent etc but not for sale of property. It can be made in presence of 2 witnesses on a Stamp paper at any Notary Public Advocate....
On the other hand a GPA is registered with a govt registrar in only 2 places in Pakistan...
1. The District of the property or
2. The district of the home address of the owner....
It requires a Latest Fard(not older than 15 days) mentioning (Mukhtar Nama Aam) from the Patwari of the area of the property and then the GPA is to registered in presence of the witnesses with the concerned Tehsildar. He will tell you that; your attorney may sell this property on your behalf. The GPA is only for that property which is mentioned and for which ownership proof(FARD) is attached and not for your entire property...If abroad, a GPA can be made from the Embassy of PAk and has to be attested from the Min of Foreign Affairs in Isb...Good Luck!!! |