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Sree Sagar   23 June 2016

Validity of power of attorney

I am planning to buy a joint property (wife and husband). Wife is in india and husband is in USA.

Husband gave power of attorney to wife with all powers(find buyer,fix price,enter into agreement,take money,execute sale deed) to sell his portion in property.

the power of attorney is attested by indian embassy (USA) with husband signed only on last page of power of attorney and embassy stamped on all pages.

the same document(husband sign in last page) after courier to india, registered in india with wife signature in last page.

i entered into agreement of sale with wife to buy the property but now i am getting the following doughts.

1)is the power of attorney valid as all pages are not signed.is there any risk if husband tells middle page is replaced.not sure if this done intentionally missing signatures in all pages.
    
    can we send the registerd power of attorney courier again to husband(USA) to sign all pages?
    but the certified copy won't be having signatures in all pages.
    how to rectify this error now? is there any way to re register so that only scanned copy is effected with out deed of rectification?

2)wife signature issues
    her signature in passport is(xyz) where as in pancard is (xyz with two underlines),signature is matching except underlines
    signature in previous sale deed is (xyz) where sale of agreement/power of attorney  - signature is (xyz with two underlines)

    will these types signatures causes any problems in future? 

3)also wife's name has below issues.

    wife maiden and husband surname is not included marriage certificate , and all id proofs are in maiden surname and sale deed and power         of attorney is with husband surname.

    i took affividat for both names are same but having signature is (xyz with two underlines)



Learning

 1 Replies

Kumar Doab (FIN)     23 June 2016

Obtain legal opinion from an able counsel specializing in property/civil matters at your location.

Satisfy yourself, fully.

 


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