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A V Ranganathan (Sr Manager- Retired)     24 May 2018

Sale deed without mentioning the poa doc

We have a peculiar case where the sale deed is executed by a Power of Attorney Holder for selling a plot in Tamil Nadu. The Poa holder has mentioned in the sale deed that he has full power to sell the property on behalf of the principal and has narated the same in the descripttion. But he has deliberately omitted mentioning the POA doc. No and year of registration of the POA and the SRO from where he has registered the POA. The Registrar has registered the document in favour of the purchaser without going into details.

Such an action by the POA Holder leads to suspicion that he is not having the POA and has duped the Registrar.  of the sale deed. This  has come to our notice after 10years of the original registration of the sale Deed. Under these circumstances what is the remedy for the real owner of the land. . The principal is  sure that he has not executed a POA.

Please advise what action can be taken against the POA Holder.



Learning

 8 Replies

R.Ramachandran (Advocate)     24 May 2018

What is your role/position in the whole episode?

A V Ranganathan (Sr Manager- Retired)     24 May 2018

I am the brother of the pricipal and he has requested me to investigate the details so that he can take remedial action.

Siddharth Srivastava (Advocate)     24 May 2018

If the POA holder has mentioned that he is the POA holder of original owner and acting as POA holder then even if other particulars like date of POA or its registration is not mentioned then it does not work invalidate the sale deed. Further for last ten years the sale was not challenged hence after expiry of limitations which is three years the sale stand confirmed. Being brother of principal you does not have any right in this regard.

Siddharth Srivastava (Advocate)     24 May 2018

If the POA holder has mentioned that he is the POA holder of original owner and acting as POA holder then even if other particulars like date of POA or its registration is not mentioned then it does not work invalidate the sale deed. Further for last ten years the sale was not challenged hence after expiry of limitations which is three years the sale stand confirmed. Being brother of principal you does not have any right in this regard.

Siddharth Srivastava (Advocate)     24 May 2018

If the POA holder has mentioned that he is the POA holder of original owner and acting as POA holder then even if other particulars like date of POA or its registration is not mentioned then it does not work invalidate the sale deed. Further for last ten years the sale was not challenged hence after expiry of limitations which is three years the sale stand confirmed. Being brother of principal you does not have any right in this regard.

Saifullah.C (Advocate,Chennai)     24 May 2018

In TN which District the Plot is located?

Advocate

High Court

Chennai

A V Ranganathan (Sr Manager- Retired)     24 May 2018

It is in Tiruvallur District

A V Ranganathan (Sr Manager- Retired)     25 May 2018

Learned Siddarth Srivatsava has mentioned that as the limitation period of 3 years is over, the sale deed cannot be invalidated. The point I would like to make is that the person impersonating as POA holder  has executed the sale deed  without mentioning the Doc No. Actually the person who has signed the document does not have the POA.

If the limitation period is only 3 years anybody can act like this, with the intention of cheating the original owner..

In the light of these observations can you please give your advice.

Further is it not mandatory to mention the POA details and the Registrar shoud satisfy himself about the genuiness of the transaction.


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