Archive · 8 Oct 2026
Power of Attorney Does Not Transfer Property Ownership
A Power of Attorney lets one person do certain things for someone else.
It does not make that person the owner of a house.
A sale deed is the document that records a property’s transfer to a buyer.
Paying the price and moving in are not enough by themselves to establish ownership.
An attorney can sign a sale deed for the owner if the POA allows it.
The buyer becomes the owner when the required conveyance is properly completed and registered.
A POA may be revoked or end in certain circumstances.
Buyers should check the documents and get independent legal advice.
A Power of Attorney authorizes someone to act for a property owner but does not itself transfer ownership.
A registered sale deed or other legally valid conveyance is generally required to transfer title to a buyer.
Paying the full price and taking possession do not, by themselves, make a buyer the legal owner.
An authorized attorney may execute a sale deed for the owner, but the registered conveyance—not the POA—transfers title.
Buyers are advised to verify the owner’s title, the POA’s authority and continuing validity, and the property documents.
- Who
- Property buyers, property owners, and people acting as their attorneys.
- What
- A Power of Attorney grants authority to act for an owner but does not itself transfer property ownership.
- When
- When a property transaction is made or considered using a Power of Attorney.
- Where
- India.
- Why
- To clarify the difference between authority to act and legal transfer of title, and to alert buyers to risks of relying on a POA alone.
- POA’s function
- Authorizes a person to act on behalf of the property owner within specified powers.
- Ownership transfer
- A registered sale deed or other legally valid conveyance transfers title; the POA itself does not.
- Payment and possession
- Full payment and possession alone do not make the buyer the legal owner.
- Attorney’s role in a sale
- A properly authorized attorney may execute a sale deed on the owner’s behalf.
- POA validity
- A POA may generally be revoked unless given for consideration, and it can end in certain circumstances, including the grantor’s death.
- Part performance
- Section 53A of the Transfer of Property Act, 1882 may provide limited protection in appropriate circumstances, but it is not ownership.
- Buyer checks
- Verify the owner’s title, the POA’s specific authority and continuing validity, and relevant property documents; consider an independent title search and legal advice.