Santpal Verma 26 June 2021

Property registration act 1908

Why was sale deed registered by sub registrar in 2018 when power of attorney has been cancelled in 1998? a sale deed was executed on behalf of Holder of Power of attorney in 1995 and presented for registration but sale deed didn't get registered due to difficiency of stamp and sent it to collector for further proceedings. In the meantime power of attorney was cancelled by principal of power of attorney in the year of 1998. The order was passed by collector to pay stamp duty for registration in 2004. stamp duty was paid in 2017 and sale deed got registered in 2018. Now question is that the registration of sale deed is valid according to law because power of attorney has been cancelled by principal of POA . Suit for the cancellation of such illegal sale deed is necessary in the civil court and For cancellation of such illegal sale deed limitation act will applicable or not?

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2 Replies

P. Venu (Advocate) 26 June 2021

The facts posted are less than convincing. It appears that you have not posted the complete facts.

T. Kalaiselvan, Advocate (Advocate) 30 June 2021

The proceedings for deficit stamp duty began in the year 1995, i.e., well before the power of attorney deed was cancelled by the grantor/principal.

Therefore any such act done after the cancellation of the POA deed may be held as invalid but not this transaction.

The registrar is having the details of the cancellation of the registered POA deed by having a look at the EC, hence if he has permitted the execution of the registered sale deed it clearly indicates that there is no legal infirmity in this act of registration of the property.

The limitation for filing cancellation of the sale deed is three yeas from the date of the knowledge of such transaction.