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anonymous   13 July 2024

Notary poa validity

Hi All

I had recently bought a property from a known NRI in UP. Now he had given a POA from the notary made in 2002 for all his property etc to this relative/ friend whose name was mentioned in the notarised POA. Following registration of the land in 2022 now I am having problems getting loan from banks as the bank says that the notarised POA was not registered. What do I do to correct this issue?

Need urgent help. thanks 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2024

The notarised POA is not a valid document authorising the power agent to execute the registered sale deed in favor of the prospective buyer.

In this situation you can ask your vendor to ask his principal to execute a registered confirmation deed for this transaction already done.

A confirmation deed means assent to the estate already created.

By the confirmation, the parties further strengthen and give legal validity to the estate.

A person may confirm and assent documents of conveyance executed by another person.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2024

A confirmation deed is required in certain situations to confirm the ownership of a property or to rectify errors in the title. Here are some reasons why a confirmation deed may be necessary: 1. *Error in title*: To correct errors in the title, such as mistakes in the name, descriptttion, or boundaries of the property. 2. *Transfer of ownership*: To confirm the transfer of ownership from one person to another, especially in cases where the original deed is lost or destroyed. 3. *Clearing title issues*: To resolve title issues, such as disputes over ownership or encumbrances like liens or mortgages. 4. *Property division*: In cases of property division due to inheritance, divorce, or partition, a confirmation deed may be needed to confirm the new ownership. 5. *Mortgage or loan*: To confirm the ownership of a property when securing a mortgage or loan. 6. *Sale or transfer*: To confirm the ownership of a property before selling or transferring it. 7. *Legal certainty*: To provide legal certainty and avoid potential disputes or claims in the future. A confirmation deed provides a clear and unambiguous record of the property's ownership, which can help prevent future disputes and ensure a smooth transfer of ownership.


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