Power of Attorny
Guest
(Querist) 23 May 2009
This query is : Resolved
Two brothers are joint owner of a land. One executed in favour of other Power of Attorney (including power to sell). But POA was not registered, it was notaried.
Second brother (holder of POA) sold the property to one Mr.A. through registered deed.
What is the validity of the sale?
whether the sale deed is valid?
if not what is the proceedure to rectify it?
n.k.sarin
(Expert) 23 May 2009
Mr. jewel ,The sale deed is valid only for half of the land.
Swami Sadashiva Brahmendra Sar
(Expert) 23 May 2009
Dear sarin ji ! your reply is in accordance with s. 44 of TPA. in the present issue, in my opinion, s 44 has to be read in consonance with ss 41 and 43 of TPA and the transferor is to be treated as austencible owner. Defect in his authority if any, can be cured by ratification of transfer by his brother.
Y V Vishweshwar Rao
(Expert) 24 May 2009
I agree with Shri Tripati ji !
There is POA but it is irregular/not registered , there is inherent power to other brother to sell the proerty-( half share plus half share )
There is no dispute regardign sale by brother . The other half share holder / brother can execute and Register the Sale Ratification deed in favour of the purchaser !
SANJAY DIXIT
(Expert) 24 May 2009
Which state?
As the rules for registration and POA varies from state to state.
Guest
(Querist) 24 May 2009
Ref: State of West Bengal
Thanks to all
Mr. Y VV Rao, can you give little more details about sale ratification dee.
Like stamp duty payable & proceedure etc.?
adv. rajeev ( rajoo )
(Expert) 24 May 2009
In karnataka state if PA is executed in favour of relatives then registration is not compulsory, it varies from state to state.
So please refer the stamp act. If regn. is not necessary then sale will be valid.
Guest
(Querist) 24 May 2009
can you give little more details about sale ratification dee.
Like stamp duty payable & proceedure etc.?
Guest
(Expert) 24 May 2009
Rectification deed can be registered only to rectify the survey number or area (Measurement) errors committed in the previous sale deed. In your querry, it seems that a owner (1 of the brothers) have not been included as a party to the sale deed. Please confirm from the registrar office as to whether will they accept inclusion of a person through rectification deed. (For rectification deed, if there is no increase in the guideline value fixed by the Govt, then minimum (may be Rs. 100/- stamp paper) stamp duty and registration fees is levied.
Guest
(Querist) 26 May 2009
Dear R. Sivasubramanian
My query was relating to Ratification DEED.
not Rectification.
Can any one give any idea about registration proceedure & stamp duty on Ratification Deed?
Guest
(Querist) 26 May 2009
....
Guest
(Expert) 27 May 2009
Sorry, I went by your Ist querry, which was "What is the validity of the sale?
whether the sale deed is valid?
if not what is the proceedure to rectify it?". I should have read the subsequent entries (!). In our State (TN) the unregistered POA are not acceptable for property sales. As you have mentioned that one brother has already executed a registered sale deed, my suggestion is to draft a 'declaration/ratification deed' wherein the left-out brother can state that he was not included in the execution of sale deed as he has delegated powers to his brother through an unregistered GPA... and now to assure better title to the purchaser as well as an 'abundant caution', he now executes this Deed. This Draft can be shown to the Registrar for his suggestions. (Am not sure about the Stamp fee/registration fees part).
Guest
(Querist) 28 May 2009
Ok thanks
