Power of Attorney
P. Usha Rao
(Querist) 21 May 2009
This query is : Resolved
Defective GPA can be rectified by execution of another new GPA. I would like to know under which Act this is permissible.
A V Vishal
(Expert) 22 May 2009
Dear Ushaji,
Is the GPA registered, if yes you can execute a fresh GPA and mention the reason for fresh GPA in the preamble or you can go for rectification of the old deed. However, if the GPA is notarised or unregistered, then you will need to publish a paper notification stating the cancellation of the defective GPA, thereafter, you can execute a fresh GPA again.However, I suggest you publish the rectification/cancellation of the defective GPA in the newspaper for information of all interested in the subject matter in order to avoid legal tangles in future.
P. Usha Rao
(Querist) 22 May 2009
I request you to quote the relevant Act or citation under which this is allowed.
P. Usha Rao
(Querist) 22 May 2009
I request you to quote the relevant Act or citation under which this is allowed.
A V Vishal
(Expert) 22 May 2009
Dear Ushaji,
The rules framed under the registration act is reproduced to clarify your doubt:
55.(i)....................
(ii)(a) Each Registering Officer shall maintain a register of all revocations of Powers of Attorney registered in or communicated to it.
(b) When notice of a revocation is given to a Registering Officer he shall send an intimation of the same to such other officers as may be specified by the person revoking the power.
236. Revocation, cancellation and rectification of deeds already
registered:- (1) When a deed purporting to revoke, cancel or rectify a deed
previously registered under the manual system, is presented for registration:
such deed may be registered following the procedure prescribed in this
Chapter and the foot-notes specified under Rule 118, shall be made on the
copy of the document in the respective volume.
(2) When a deed purporting to revoke, cancel or rectify a deed previously registered under the Computer-aided Administration of Registration Department system is presented for registration, such deed may be registered following the procedure prescribed in this chapter and contra entries posted to the record relating to the original deed and a memo in the nature of a foot-note shall be appended to such record so that the foot-note is printed invariably when the original document is sought to be printed.
B.B.R.Goud.
(Expert) 22 May 2009
i do agree with my learned friend vishal.
whether the GPA is notarised and/or unregistered, you need to publish a paper notification stating the cancellation of the defective GPA, only thereafter, you can execute a fresh GPA.
moreover I suggest you publish the rectification / cancellation of the defective GPA in the newspaper, for information of all interested in the subject matter, in order to avoid any disputes in future.
it will be governed by Indian Contract act, 1872 and Indian registration Act, 1908.
