Power of attorney

Querist : Anonymous (Querist) 24 December 2009 This query is : Resolved
In respect of an immovable property, X executed a registered General Power of Attorny in favour of Y to execute a sale deed infavour of Z or his nominees, There are some mistakes in Survey Numbers given in the Schedule of said GPA. Without noticing the same, Y executed a registered sale deed in favour of Z. After noticing the same, can Y execute a registered Rectification Deed to the said regd sale deed, correcting the said mistake.

Note:There is no specific averment in said GPA empowering the Y to execute Rectification Deed.

Please give me for and against case law/Judgments

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n.k.sarin (Expert) 24 December 2009
If the said GPA not empowering the 'y' to execute rectification deed 'y' can not execute rectification deed.In general GPO holder can not go beyond the rights given in the GPO.But In general power of attorney which was drafted by legal expert some rights written in a particular manner which cover more than seem, hence you must read carefully all the paragraph of GPA and consult with expert with document.I do not know what word actually used in the GPA.

Arvind Singh Chauhan (Expert) 24 December 2009
Yes if power of attorney is general and not specific.It can be rectified with nominal fee.

Raj Kumar Makkad (Expert) 25 December 2009
Repeated quarry.

niranjan (Expert) 26 December 2009
When there is mistake in the original power, you have to get it first rectified and also get authorization to rectify further.

n.k.sarin (Expert) 26 December 2009
I do agree with Mr.Niranjan jee

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