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EHi everyone, I could really use some guidance on a tricky legal situation involving a property in Delhi. My father passed away last year, and recently we found a notarized (but unregistered) Power of Attorney (PoA) that my grandfather had made in my father’s name for a property worth around 70 lakhs. It mentions some consideration, but there’s no registration, and no sale deed was ever executed. My grandfather’s passed too, so the property’s ownership is unclear—probably still in his name.
I’d like to get the property registered in my name, and my father’s heirs (siblings and mom) are okay with relinquishing their shares to me. A lawyer I spoke to says it’s doable, but my uncle’s throwing a wrench in things. He claims my grandfather never made any PoA and is threatening to accuse me of forgery and cheating (Section 420) if I try to “make papers” based on it. I’m not looking to fake anything—just want what’s legally mine.
So, my questions are:
1 Can I use this unregistered PoA to claim the property, or is it useless without registration?
2 What’s the best way to get the property in my name without landing in legal trouble?
3 How do I handle my uncle’s threats and avoid a family feud turning into a courtroom mess?
Any advice or experiences would be super helpful—especially from folks familiar with property laws in India/Delhi -
BA notarised and unregistered power of attorney has no legal value for claiming ownership of immovable property. Even if it had been registered, it would not create ownership rights. The Supreme Court has clearly held that a power of attorney cannot be used as a substitute for a sale deed and cannot transfer title. A power of attorney only authorises someone to act on behalf of another person. Ownership of property must be transferred through a valid and registered sale deed, which was never executed in this case.
If the property is in use by you or your family, you may continue to enjoy it peacefully. However, it is advisable not to attempt registration or enter into legal proceedings claiming ownership, as none of you presently hold a valid legal title.
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