Can a Power of Attorney Holder Be Treated as Owner of Property ?

A Power of Attorney holder is not the owner of the property. Someone who enters in an agreement with someone who is not the owner but a mere POA Holder cannot be treated as owner. It has been held in Eureka Builders v. Gulabchand [2018] GCtR 662 (SC) that a purchaser can get the title conveyed only if the seller has title to the property. It is a settled principle of law that no one can transfer better title than his own.

So, even if such document named as sale deed is registered which is entered between a person who is a POA Holder and the buyer, the buyer will not become the owner, if there is no sale deed executed by owner in favour of buyer. This is because ownership of immovable property above Rs. 100 can be transferred by registered sale deed only.