notarised power of attorney
Rupesh Gadekar
(Querist) 04 December 2010
This query is : Resolved
what is the validity of transactions regarding immovable properties entered into by power of attorney holder which is notarised__because in my opinion as per sec 17 Registarion act, it must be registed ? if it is so what recourse to be had by person aggreived by such transactions?
Advocate. Arunagiri
(Expert) 04 December 2010
That is why we are advising the buyers to contact the legal experts before buying. Register the POA also which was already executed, the POA will have a retrospective effect. Buy this the previous registration will have the legal effect.
Rupesh Gadekar
(Querist) 04 December 2010
From your above advice I have come to an conclusion that as regards notarised POA for dealing with immovable property is concerned can be ratified by the parties to the POA. but pls clarify Sir......the following illustration.
1) 'A' executes notarised POA in favour of 'D' to deal with immovable property
2) 'D' thereby contracts and sell that immovable property to 'X'
Querry is
a. whether this sale transaction is valid
b. can it be set aside and by what proceedings (eg. by suit for cancellation of deed etc) by 'A'
