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Latest supreme court judgement on power of attorney 2021 A PoA is not an instrument of transfer in regard to any right, title or interest in an immovable property, a three-judge bench, headed by justice RV Raveendran, said, adding that property can legally be transferred only through a registered sale deed.
Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.
In New Jersey, the preparation of legal documents such as a deed is considered the practice of law which may only be undertaken by an Attorney at Law of the State of New Jersey. The only exception to that rule is that an individual representing him/herself may prepare his/her own documents.
In New Jersey, the deed must be in English, identify the seller/buyer (grantor/grantee), name the person that prepared the deed, state the consideration (amount paid) for the transfer, contain a legal description of the property (a survey), include the signature of the grantor and be signed before a notary.
The person left the house in the will must go to the office to have the deed reissued in their name. If no will was left, the estate must be probated and the New Jersey probate court will issue papers regarding ownership of the property. These papers would then be taken to the clerk's office to have a deed issued.