LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nagarjunkatta (Quality Engineer)     08 June 2017

Special POA registration and affidavit

Hi,

This is pertaining to Karnataka state.

Question 1: Mr.X has given Special POA to his father Mr.Y recently as Mr.X is not in a position to come and execute sale of his property. Now this POA document is adjudicated but not registered. Can i buy such a property where POA is not registered? Is it compulsory to get the special POA registered in the state of karnataka for the sale of property?

Question 2:  And Mr.X represented by Mr.Y has already executed Gift Deed to his mother. So the ownership is with his mother. Now i see that there are typo errors in the boundaries like instead of E-W : 30ft and N-S:40ft , it is E-W:40ft and N-S:30ft and South by: Site99, North by :Site97 instead of South by:Site97, North by:Site99 in the Schedule of the Property in the special POA . When i pointed out the errors, Mr.X is saying that he would sign an affidavit stating the errors and its rectifications. Will this affidavit by Mr.X help in rectifying the errors that are crept in the special POA? if not, what is the solution and way forward??

Your answers would help me in going ahead with the purchase of this property.

 

Thanking you,



Learning

 6 Replies

shrenik (lawyer)     08 June 2017

Ans 1 yes notarised poa is also valid But make sure whonis giving power is giving by his will only Ans 2 you can buy the property And get one indemnity bond stating in future if any problem arisies due to the the error he will solve it at his own

shrenik (lawyer)     08 June 2017

Well well its a gift deed then its simple Say seller to get registered a rectification deed on 100 rs stamp

nagarjunkatta (Quality Engineer)     08 June 2017

Hi Sir,

 

Thanks for your quick replies. Regarding Question 2: In the Gift Deed to his mother, the Schedule is all fine. Only in the Special POA, these errors are present. So how do we rectify the special POA now??

Kishor Mehta (CEO)     09 June 2017

Sir, In the case of a sale document signed by the POA the laws of the State are applicable, these differ from State to State. Rectification in a registered document can not be effected by an affidavit. A Rectification document has to be registered. Good luck, Kishor Mehta

nagarjunkatta (Quality Engineer)     09 June 2017

Hi Kishore,

Thanks for the reply. Here the special POA is not registered. Can it be rectified using an affidavit?

 

Cheers

Arjun

 

shrenik (lawyer)     09 June 2017

No.need of doing any rectifixTion in poa Go ahead

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register