Velammal Garden

Power of Attorney (PoA): Risks & Safe Practices

A Power of Attorney sounds simple. You authorise someone you trust to act for you when you cannot be present. But when land and plot transactions are involved, small mistakes in PoA drafting or registration can snowball into big legal problems. This guide explains how to use PoA safely for DTCP and RERA contexts in Tamil Nadu, with practical steps buyers and sellers around Padappai and the Oragadam belt can follow right now.

What is a Power of Attorney in real estate

A Power of Attorney is a legal document that allows the Principal to empower an Attorney to act on their behalf. In property deals, the attorney may sign the sale agreement, execute the sale deed, collect payments, submit registration papers or apply for utilities. A PoA can be broad or tightly limited depending on how you draft it.

Types you will commonly see

• General PoA allows wide powers across matters
• Special or Specific PoA is limited to clearly described acts for a particular property and time frame
• Durable or continuing PoA remains valid even if the principal later becomes incapacitated, subject to law and the document wording
• Registered PoA is executed and registered at the Sub-Registrar Office when it relates to immovable property in Tamil Nadu

Why use PoA for plots in Padappai and Oragadam

Many buyers work abroad or live across the city. Site visits, registration slots and bank coordination often clash with schedules. A well drafted and properly registered PoA helps you
• book and register a DTCP approved plot without travel
• authorise a family member to sign in front of the Sub-Registrar
• coordinate with banks for loan documentation and disbursement
• complete post-registration steps like patta transfer or guideline value queries

At Velammal Garden, we frequently see NRI and out-station buyers using PoA to complete booking and registration smoothly. You can learn more about the project at velammalgarden.com and plan your documentation in advance.

The big risks you must avoid

1. Unregistered or poorly worded PoA

If a PoA dealing with immovable property is not registered in Tamil Nadu, it may not be accepted for registration of a sale deed. Vague wording creates room for misuse.

How to reduce risk
• Register the PoA at the correct Sub-Registrar Office
• Use a Specific PoA that mentions the survey number, plot number, extent, village and taluk
• Add a clear expiry date or completion event such as registration of the sale deed

2. Using a General PoA for sale

In India, transfer of title by mere PoA is not a substitute for a registered sale deed. Treat PoA as authority to act, not as a vehicle to transfer ownership.

How to reduce risk
• Never buy property on the basis of a PoA sale alone
• Insist on a proper sale deed with stamp duty and registration in your name
• Use the PoA only to authorise someone to sign on your behalf in that sale deed

3. Attorney acting beyond authority

If the text is broad, the attorney might sign side agreements or alter price and terms.

How to reduce risk
• Limit powers to specific acts like signing the sale deed, paying stamp duty, and completing registration for a specified plot
• Insert a clause that the attorney cannot alter price, area or consideration
• Require dual control for payments by stating that all monies flow directly between buyer and developer or through banking channels

4. Expired or revoked PoA being used

Registrations done based on a revoked or expired PoA can lead to disputes.

How to reduce risk
• State a fixed validity period
• Serve written revocation to the attorney and notify all concerned parties including the developer, bank and Sub-Registrar
• Publish a brief revocation notice in a local newspaper if there is a dispute history

5. NRI execution mistakes

If you are abroad, the PoA needs to be executed before the Indian Consulate or notarised as per local rules and then adjudicated or presented for registration in Tamil Nadu within the timelines.

How to reduce risk
• Execute the PoA before the Indian Consulate with your photo and signature
• Courier original PoA to your representative in Chennai for registration
• Keep copies of passport pages and address proof alongside the PoA

Safe drafting practices you can copy today

Must-have clauses for a Specific PoA

• Parties and relationship clearly mentioned
• Property description with survey number, plot number, village, taluk and extent
• Exact powers granted such as presenting documents, signing sale deed, paying stamp duty and receiving certified copies
• Powers not granted such as altering sale price, changing layout terms or creating mortgages
• Validity period or condition when authority ends
• Requirement to act only for the benefit of the principal

ID and verification trail

• Attach self-attested ID proofs and photographs of both principal and attorney
• Use specimen signature pages for future comparison
• Keep an execution video or photos when possible for additional comfort

Payment hygiene

• Route all payments through banking channels in the principal’s or developer’s official accounts
• Mention that the attorney cannot receive or handle cash consideration
• Maintain a simple ledger of dates, amounts and references for quick audits

Registration day checklist in Chennai region

• Carry originals of the registered PoA, Aadhaar and PAN of attorney
• Carry the principal’s PAN copy and photo
• Keep two passport photos of the attorney
• Confirm Sub-Registrar jurisdiction based on the property location
• Take bank DDs or e-payment challans as required
• Cross check names, plot numbers and boundaries in the sale deed draft
• Collect biometric and photograph acknowledgement at the office
• Obtain certified copies and store them safely

If you are completing your plot purchase at Velammal Garden, our team can share a sample Specific PoA draft and a step-by-step document list to make registration effortless. Visit velammalgarden.com to connect with the sales desk for guidance.

After the sale deed is registered

• Revoke or let the PoA lapse if it was created only for this one transaction
• Record the sale deed details in your personal file and share a copy with your bank if loan funded
• Complete mutation or patta update as per local process
• Set reminders for property tax and water connection procedures

Red flags when evaluating a seller’s PoA

• Seller wants to sell only on the basis of a PoA without a sale deed
• PoA is old with no expiry and covers many unrelated properties
• Property description is vague or the attorney refuses to show the original PoA
• Signatures or photos do not match across documents
• Consideration is requested in cash or to third party accounts

Choose projects where approvals are transparent and documentation support is provided. In Padappai and the Oragadam belt, DTCP layout approval and RERA registration offer added confidence for end buyers and investors. That is a key reason buyers prefer plotted communities like Velammal Garden for clean, bankable transactions.

Quick template you can adapt with your lawyer

I, full name, residing at address, appoint full name, relation, residing at address, as my true and lawful attorney to present and sign the sale deed for Plot No X, Survey No Y, Village, Taluk, Chengalpattu District, Tamil Nadu, and to do acts limited to presenting documents, paying stamp duty, collecting certified copies and completing registration. The attorney cannot alter price, area or terms. This PoA is valid until dd mm yyyy or upon completion of registration, whichever is earlier.

Always have your advocate review and tailor this to your facts.

FAQs on Power of Attorney PoA risks and safe practices DTCP RERA Tamil Nadu

Is a General PoA enough to sell a plot in Tamil Nadu
No. A PoA does not transfer ownership. Use a Specific PoA only to authorise signing the sale deed. Ownership transfers through a duly stamped and registered sale deed.

Should a PoA for property be registered
Yes. When a PoA relates to immovable property in Tamil Nadu, it should be registered at the Sub-Registrar Office for it to be relied upon in registration processes.

How can NRIs create a valid PoA for a Padappai plot purchase
Execute the PoA before the Indian Consulate abroad with your photo and signature, courier the original to Chennai, and ensure it is registered before use. Add a clear validity window.

What clauses reduce misuse risk in a PoA
Limit powers to signing and presenting documents for the one identified plot, bar alteration of price or area, specify validity, and require payments to move directly between buyer and developer through banking channels.

Can I revoke a PoA after my sale deed is completed
Yes. Issue a written revocation, inform the attorney, developer, bank and Sub-Registrar, and preserve acknowledgements. Where needed, publish a brief public notice.

Need a clean, bank-ready path to plot ownership in the Padappai Oragadam corridor Reach out to the Velammal Garden team for sample formats, document checklists and guided registration support at velammalgarden.com.

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