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Reddy Reddy (others)     23 January 2018

Validity of authorization letter

If a builder gave an authorization letter to a person to sign/execute a sale deed w.r.t sale of flats in a appartment society. Can that person also sign/execute rectification deed with same authorization letter.

Problem is he signed my sale deed 3 weeks back and there is some mistake in the sale deed. Now I am going with the rectification deed.

Wording in the authorization letter is very clear that so and so person can sign/execute sale deed or agreement of sale for the sake of selling the property. They haven't mentioned about the rectification.

Can I go ahead with that same authorization letter. Problem is they have to conduct another board meeting if they have the modify the authorization letter.



Learning

 6 Replies

Kumar Doab (FIN)     23 January 2018

The interpretation is with authority that has issued the said letter.

Generically speaking; the authority may interpret that the designated person that committed error may correct IT.

The time does not seem to be running out……..

If you are the buyer, you may write under proper acknowledgment and let them communicate in writing to you by effective mode of communication e.g. Redg. Post.

Reddy Reddy (others)     23 January 2018

Thanks for the reply. But I have one question. If a person is authorized to sign the sale deed, isn't he authorized to execute rectification deed if a need arises (even when it is not mentioned in the authorization letter) . Does it have any legal issues or will I have problem when I am selling if the new buyer questions me?

Kumar Doab (FIN)     23 January 2018

If the seller confirms in writing to you then don't you thinks this aspect in clarified to you in writing.

Reddy Reddy (others)     23 January 2018

Should I take a letter on company letter head stating as per the board resolution same person is authorized to even sign the rectification deed.

Kumar Doab (FIN)     23 January 2018

Under proper seal and signature and thru Redg. post and soft copy by eail from official email id....

Also discuss with your LOCAL counsel that has helped you for proper legal opinion on this property...

Have you obtained proper legal opinion before buying?

Reddy Reddy (others)     24 January 2018

Thanks for the inputs. This property is approved by couple of banks. I have approached a bank for loan and the bank legal team gave a go ahead for me.

I have written an e-mail to the builder asking them to issue another letter on company letter head mentioning that old letter which had the power to execute sale deed is also valid to execute rectification deed.

Also mine is a very small mistake. After 15 of 15 pages in the sale deed, an extra photo with wrong tower photo is added as reference. That photo isn't signed by SRO, buyer or seller. This is just for refernce. But it went for scanning and I could see that in the certififed copy.

 


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