"Person A " had purchased a flat 705 with full payment having carpat area approx 595 and also done registration for the same.However now refugee area(Fire space) is alloted on 7th floor due to that entire area of flat no. 704 along with some area of 705 is allotted for refugee area (fire space).Since carpet area of 705 is reduced due to fire space, builder is doing cancellation of registration done for 705 and will do the new registration for some other flat having same carpet area of 595 behalf of flat no 705 and assign the same to "Person A" Note: Person A is out of India he had given power of attorney to his father for flat no 705. Now builder is selling a flat no 705 to me whose some area is reduced due to fire space. Sale agreement will be done between Me and builder after cancellation of earlier registration which was done with "Person A" Kindly help me to know 1) What are the other documents I need to take a from "Person A " or from builder to avoid any issue in future 2) What are the additional clause I need to put in Sale agreement 3) Is I also have to take a old sale agreement which is cancelled for the flat no 705. 4) Is I also have to take a copy of power of attorney which was given by" Person A" to his father 5)Any kind of NOC/ Indiminity from Builder or from Person A 6) Anything else I had missed ..?? Your opinion about the same
1. after getting special power of attorney no need to take any other document because this POA empowered you to do registration of flat on behalf of A.
2. you should mention old sale agreement in the exchange deed to show that it is not a resale but it is exchange, you can save stamp duty in exchange of flat.
Sir, I think there is confusion. "Person A " has given power of attorney to his father not I had given a power to my father. Flat no 705 is registered with "Person A " . Since some of the carpet area of 705 is reduced due to the Refugee area (fire space ) person A is doing cancellation of flat no : 705 due to less in carpet area behalf of that builder will assign some other flat having same carpet area to person A not me. Since Registration for flat no 705 will be cancelled after cancellation builder is going to sell that flat no 705 (Whose some area is reduced due to the fire space ) to Me where I will be come in to picture and registration will be done between me and builder. So I need a help in 1) What are the other documents I need to take a from "Person A " as earlier person A was the owner of flat no 705 whose registeration was cancelled or from builder to avoid any issue in future 2) What are the additional clause I need to put in Sale agreement. 3) Is it will be resale or fresh registration for the mentioned property. 3) Is I also have to take a old sale agreement which is cancelled for the flat no 705. 4) Is I also have to take a copy of power of attorney which was given by" Person A" to his father 5)Any kind of NOC/ Indiminity from Builder or from Person A 6) Anything else I had missed ..?? Regards , Shashikant Gupta "Person A"
1. you have to take special POA from person A.
2. this is to be fresh registration instead of resale.
1)you need power of attorney executed by A in favour of father
2)deed of cancellation executed by builder in favour of A
3)sale deed between you and builder would contain an indemnity clause wherein builder would indemnify you in case any claims are made by A or his legal heirs in respect of the flat
4) it would not be resale of flat . since sale deed is cancelled between A and builder fresh sale deed can be executed by builder in your favour
Dear Ajay Sir, Thanks for your valuable comment. Kindly suggest your views on below points. 1) Since Flat is registered with the name of Person A & Person A wife so Is it required that both should give a power of attorney to father of Person A Or anyone of them(Person A /Person A wife) should give a power of attorney that will be ok. 2) Should I will get Original Copy of power of attorney executed by "Person A" in favour of father or I will get Xerox Copy for the same. 3) Should I will get Original Copy of deed of cancellation executed by builder in favour of "Person A" or I will get Xerox Copy for the same. 4)Should I have to attach a document mentioned In above Point 1 & Point 2 in a sale deed between Me and builder before doing a registration of sale deed so that along with the sale deed document mentioned in the point 1 & 2 should also get registered along with the sale deed OR Just i have to take a document mentioned in point 1 & point 2 for a reference and i need to just registered a sale deed without adding document mentioned in Point 1 & Point 2 in a sale deed . 5) As suggested by you ," Sale deed between Me and builder would contain an indemnity clause wherein builder would indemnify me in case any claims are made by A or his legal heirs in respect of the flat " along with that should i also have to put a paragraph describing that "Earlier the flat was registered with Person A with so and so registration no and which was cancelled with so and so reason by making cancellation deed " along with that should i also describe the indemnity clause wherein builder would indemnify me in case any claims are made by builder or his legal heirs in respect of the flat 6)Should I also have to take a separate indemnity from the Person A or Indemnity from builder mentioned in point 4 will be suffice. If yes then should I have to add that Indemnity doc in a sale deed so that it should get registered along with the sale deed 7) Should I have to take any other NOC from Builder or Person A with regards to mentioned flat and if yes then What are the additional clause I need to put in NOC with regards to Builder & Person A and 7-a) should I will get Original Copy of NOC or i will get Xerox Copy for the same and after getting the same should i have to add that NOC in sale deed so that it should get registered along with the sale deed. 8)Kindly add additional comment which should be done for this regards so that document should be strong so that i will be safe in future.
1) if wife is in India and can remain personally present it is not necessary for her to execute POA in favour of her father in law
2) if she is staying abroad she can execute POA in favour of her relative for execution of deed of cancellation
3) original POA will be kept by the builder. You would get certified copy of POA
4) you would get certified copy of deed of cancellation
5) it is not necessary to mention point no 1 and 2 in sale deed . Just keep copy of said documents for your records
6) A will indemnity builder only
7) your sale deed would contain indemnity clause from builder
8) you don't need NOC from person A as sale deed has been cancelled
9) since registered sale deed is being executed in your favour by builder you don't need NOC from builder
Dear Ajay Sir, Thanks for your valuable suggestion and helping me to understand the same. Need a brief clarity on below points. 1) Since flat is registered on the name of “ Person A & Person A wife” and both are out of the country . So is it required that both i.e “ Person A & Person A wife ” should give a power of attorney to Father of Person A for a mentioned flat Or It will be ok if anyone of them either Person A or Person A wife gives a power of attorney to Person A Father who reside in India and will do further cancellation process behalf of them…etc. 2) If it works like either from Person A or Person A wife gives a power of attorney to Person A Father then should we required any noc ,clause from other person from whom POA not provided/issued to Father of Person A 3) Should I also have to put a paragraph/clause in a my sale deed describing that "Earlier the flat was registered with the name of “Person A & Person A wife” with so and so registration no and which was cancelled with so and so reason by making cancellation deed with so and so cancellation deed no" along with the indemnity clause wherein builder would indemnify me in case any claims are made by A or his legal heirs in respect of the flat. Please suggest 4) Should I have to attach a certified copy of POA executed by Person A in favor of father in My sale deed while doing a registration of sale deed so that POA will also get registered along with the sale deed. Or should i not attach a POA in my sale deed and will just register the sales deed and will keep a POA for my records. 5) Should I have to attach a certified copy of deed of cancellation in My sale deed while doing a registration of sale deed so that deed of cancellation will also get registered along with the sale deed. Or should i not attach a dead of cancellation in my sale deed and will just register the sales deed and will keep a deed of cancellation for my records. 6) Should I need to take a cancelled sale deed which was earlier registered with the name of “person A & Person A wife” Or Not required to take the cancelled sale deed If required then should I will get Original Copy/ Xerox Copy /Certified Copy of cancel sale deed which was registered with the name of “person A & Person A wife”
1) since flat is in joint names both A and B have to execute POA in favour of relative to execute deed of cancellation
2) mere POA by one of joint purchasers of flats would not suffice
3)you can incprporate clause in agreement regarding earlier agreement and cancellation thereof
4) no need to execute POA executed by A in favour of his father
5) not necessary to enclose deed of cancellation
6) obtain certified copy of deed of cancellation for your records
Dear Ajay Sir, Unable to understand the reply for the point 4, 5 & 6. Please help me to understand the same. Point no. 4 Question) Should I have to attach a certified copy of POA executed by Person A in favor of father in My sale deed while doing a registration of sale deed so that POA will also get registered along with the sale deed. Or should i not attach a POA in my sale deed and will just register the sales deed and will keep a POA for my records. Reply for 4th point from your side : no need to execute POA executed by A in favour of his father (Kindly refer the above Point No. 4 Question and kindly suggest as unable to understand the terms "execute" in reply of 4th point. Please brief. ============================================================================= Point no 5 Question ) Should I have to attach a certified copy of deed of cancellation in My sale deed while doing a registration of sale deed so that deed of cancellation will also get registered along with the sale deed. Or should i not attach a dead of cancellation in my sale deed and will just register the sales deed and will keep a deed of cancellation for my records. Reply for 5th point from your side: not necessary to enclose deed of cancellation " means " I should not attach a cancellation dead in My sale deed while doing a My sale deed registration means i have to do a registration of my sale deed and need to keep a certified copy of dead of cancellation for my record. please confirm the same. ==================================================================================== Point 6 question is related to the " sale deed " which was earlier registered with the name of “person A & Person A wife and not for the cancellation deed which is made to cancel that sale deed. Please refer the below Point no. 6 Question and suggest in a brief. Point no. 6 Question ) Should I need to take a cancelled ""sale deed "" which was earlier registered with the name of “person A & Person A wife” Or Not required to take the cancelled sale deed If required then should I will get Original Copy/ Xerox Copy /Certified Copy of cancel sale deed which was registered with the name of “person A & Person A wife” Reply for the 6th point from your side : obtain certified copy of deed of cancellation for your records ================================================================================== Please also suggest if had missed any action which need to be done against the mentioned case. ===============================================================================
1) it is typographical error .
2) it should be read as no need to enclose POA executed by A in favour of his father
3) your understanding for point no 5 is correct . you just need to keep copy of cancellation deed for your records
3) keep certied copy of sale deed executed by builder in favour of A and his wife B
4) sorry for the inconvenience
Q. Since Flat is registered with the name of Person A & Person A wife so Is it required that both should give a power of attorney to father of Person A Or anyone of them(Person A /Person A wife) should give a power of attorney that will be ok.
POA should be executed by the both parties i.e. person A and B. you have to produce original POA at the time of registration of new flat. original sale deed is necessary to file if it is being exchanged other wise cancel this deed and made afresh deed in respect of new flat (old deed is not necessary to produce).
1) What are the other documents I need to take a from "Person A " or from builder to avoid any issue in future
The power of attorney deed given by A person to his father in original for the purpose of selling this property to a third person (please note that this deed should be a registered document); the original sale agreement held in his possession, all other documents the builder had handed over to this person at the time entering into the sale agreement which may include BBA, commencement certificate, plan and all other relevant papers.
2) What are the additional clause I need to put in Sale agreement
What is the additional clause you refer here?
Make sure to mention the actual sq. feet which is being bought now.
3) Is I also have to take a old sale agreement which is cancelled for the flat no 705.
Yes, that is a vital document
4) Is I also have to take a copy of power of attorney which was given by" Person A" to his father
Yes,
5)Any kind of NOC/ Indiminity from Builder or from Person A
If the cancellation of the sale agreement was done by a registered document, then NOC may not be necessary
6) Anything else I had missed ..??
Opinion from a local lawyer
1) What are the other documents I need to take a from "Person A " as earlier person A was the owner of flat no 705 whose registeration was cancelled or from builder to avoid any issue in future
You must obtain the original sale agreement between A and the builder and the original cancellation deed between the A and the builder, this apart, you must scrutinise all other original title link documents and the marketable title document standing on the builder's name or the original land owner etc.
2) What are the additional clause I need to put in Sale agreement.
That the builder/vendor shall solve or settle all the legal disputes that may arise if any in future
3) Is it will be resale or fresh registration for the mentioned property.
It shall be a registration in your name afresh.
3) Is I also have to take a old sale agreement which is cancelled for the flat no 705.
Yes.
4) Is I also have to take a copy of power of attorney which was given by" Person A" to his father
'Yes,
5)Any kind of NOC/ Indiminity from Builder or from Person A
If the cancellation of the sale agreement was done by a registered document, then NOC may not be necessary
1) Since flat is registered on the name of “ Person A & Person A wife” and both are out of the country . So is it required that both i.e “ Person A & Person A wife ” should give a power of attorney to Father of Person A for a mentioned flat Or It will be ok if anyone of them either Person A or Person A wife gives a power of attorney to Person A Father who reside in India and will do further cancellation process behalf of them…etc.
If the property was registered on both the names, then both have to execute a joint or separate power of attorney deed (s) in favor of the power agent so chosen, as both the persons have rights in the property.
2) If it works like either from Person A or Person A wife gives a power of attorney to Person A Father then should we required any noc ,clause from other person from whom POA not provided/issued to Father of Person A
If the other joint owner has not executed a POA from his/her side then the act done by the power agent on behalf of one joint owner alone would not be legally valid until the other joint owner also expresses his/her willingness to cancel the registered document. She/he can make a claim on the later date, hence a NOC is also not valid or recognised in law.
Should I also have to put a paragraph/clause in a my sale deed describing that "Earlier the flat was registered with the name of “Person A & Person A wife” with so and so registration no and which was cancelled with so and so reason by making cancellation deed with so and so cancellation deed no" along with the indemnity clause wherein builder would indemnify me in case any claims are made by A or his legal heirs in respect of the flat. Please sugge
The builder can be made responsible for solving any litigation that may arise in this regard by making a recital to that effect in the fresh registered sale deed.
You do not have to add any other irrelevant phrases.
Should I have to attach a certified copy of POA executed by Person A in favor of father in My sale deed while doing a registration of sale deed so that POA will also get registered along with the sale deed. Or should i not attach a POA in my sale deed and will just register the sales deed and will keep a POA for my records.
You obtain the POA deed and keep it with you along with the registered sale deed which would be required to submit to the b uyer at a later stage when you plan to sell the property.
Should I have to attach a certified copy of deed of cancellation in My sale deed while doing a registration of sale deed so that deed of cancellation will also get registered along with the sale deed. Or should i not attach a dead of cancellation in my sale deed and will just register the sales deed and will keep a deed of cancellation for my records.
You can keep the cancellation deed as well as the original sale agreement entered by A with the builder along with your registered sale deed.
Should I need to take a cancelled sale deed which was earlier registered with the name of “person A & Person A wife” Or Not required to take the cancelled sale deed
Read the above answer
Should I have to attach a certified copy of POA executed by Person A in favor of father in My sale deed while doing a registration of sale deed so that POA will also get registered along with the sale deed. Or should i not attach a POA in my sale deed and will just register the sales deed and will keep a POA for my records.
You do not have to attach any document while registering the sale deed in your favor, you can obtain all those relevant documents and make a mention about all the documents that have been received by you in the registered sale deed document so that it can be evidence of all the documents that have been handed over to you at the ti,me executing the registered sale deed in your favor.
If it works like either from Person A or Person A wife gives a power of attorney to Person A Father then should we required any noc ,clause from other person from whom POA not provided/issued to Father of Person A
It is incorrect and invalid if the other joint owner has nbt executed a power of attorney deed either jointly or separately to sell her share share in the property, therefore the sale deed cancellation transaction done by the power of attorney agent on behalf of only one joint owner shall not be considered as valid cancellation and proper as per law. NOC is not accepted for transfer of immovable property, registered POA document only shall be considered as a valid transaction.
Since flat is registered on the name of “ Person A & Person A wife” and both are out of the country . So is it required that both i.e “ Person A & Person A wife ” should give a power of attorney to Father of Person A for a mentioned flat Or It will be ok if anyone of them either Person A or Person A wife gives a power of attorney to Person A Father who reside in India and will do further cancellation process behalf of them…etc.
As both are joint owners, both have to execute a cancellation deed jointly or both have to authorise a person to do this task ion their behalf, a POA by one person alone will not be sufficient and it is invalid in law.
Should I also have to put a paragraph/clause in a my sale deed describing that "Earlier the flat was registered with the name of “Person A & Person A wife” with so and so registration no and which was cancelled with so and so reason by making cancellation deed with so and so cancellation deed no" along with the indemnity clause wherein builder would indemnify me in case any claims are made by A or his legal heirs in respect of the flat. Please suggest
You can leave all these issues to the document writer who will draft everything carefully and properly and you can confirm the same to your satisfaction later on.
As suggested by you ," Sale deed between Me and builder would contain an indemnity clause wherein builder would indemnify me in case any claims are made by A or his legal heirs in respect of the flat "
along with that should i also have to put a paragraph describing that "Earlier the flat was registered with Person A with so and so registration no and which was cancelled with so and so reason by making cancellation deed " along with that should i also describe the indemnity clause wherein builder would indemnify me in case any claims are made by builder or his legal heirs in respect of the flat
This indemnity clause would be part of the recital of the registered sale deed that is being executed in your favor. These are routine issues which will be taken care of by the document writer/builder.
Should I also have to take a separate indemnity from the Person A or Indemnity from builder mentioned in point 4 will be suffice. If yes then should I have to add that Indemnity doc in a sale deed so that it should get registered along with the sale deed
Not necessary, the recital in the sale deed to this effect shall suffice.
Should I have to take any other NOC from Builder or Person A with regards to mentioned flat and if yes then What are the additional clause I need to put in NOC with regards to Builder & Person A and
7-a) should I will get Original Copy of NOC or i will get Xerox Copy for the same and after getting the same should i have to add that NOC in sale deed so that it should get registered along with the sale deed.
What NOC are you referring to?
NOC cannot solve any problem at a later stage when there is a legal dispute in this regard.
)Kindly add additional comment which should be done for this regards so that document should be strong so that i will be safe in future.
Obtain proper legal opinion by producing all the relevant papers/documents before an experienced lawyer and get fully satisfied by clearing all your doubts in this regard before venturing into the purchase.
Thanks to all for giving your valuable suggestion. Briefing the suggestion about the case which I had received till now. 1) As Person A & His wife residing outside of India both of them will give a POA to father of “Person A” to do a cancellation of Registration of Sale of Flat for the flat no. 705 2) Builder will do all act regarding cancellation of Registration of Sale a flat no 705 and after that Builder will do a fresh registration of flat no. 705 with Me. (Reason of cancellation :: Due to the fire space/refuge area carpet area of a flat no 705 reduced to 400 from 595 sq ft ) 3) On a safer side I have to take a Original / Certified copy of sale deed which was executed between previous owner (Person A & person A wife ) & Original / Certified copy of power of attorney executed by A in favor of father & Original / Certified copy of cancellation deed 4) All original /certified copy mentioned above in Point 3 should be with me for my record there is no need to attach the same in My sale deed while doing registration of sale deed. 5) As a safer side I also need to put a clause “That the builder/vendor shall solve or settle all the legal disputes that may arise if any in future” in my sale deed also sale deed will be fresh sale deed and not a resale 6) There is no need to take any other document/Noc/ indemnity from builder /vendor A 7) Apart from above any other process /document/noc/ indemnity anything else I need to take. Also what other details/documentation I need if builder execute a rectification deed instead of cancelation deed. In case of rectification he will allocate “Person A & Person A wife” some other flat on some other floor behalf of flat no 705 having same carpet area i.e 595 sq ft So in case of rectification I need to do a same thing which we need to do in case of cancellation of registration of sale (Mentioned Below) or there should be different process or documentation required 1. Need to take a Original / Certified copy of sale deed which was executed between previous owner (Person A & person A wife ) & Original / Certified copy of power of attorney executed by A in favor of father & Original / Certified copy of rectification deed 2. All original /certified copy mentioned above in point 1 should be with me for my record there is no need to attach the same in My sale deed while doing registration of sale deed. 3. As a safer side I also need to put a clause “That the builder/vendor shall solve or settle all the legal disputes that may arise if any in future” in my sale deed also sale deed will be fresh sale deed and not a resale 4. There is no need to take any other document/Noc/ indemnity…etc from builder /vendor A 5. Apart from above any other process /document/noc/ indemnity….etc anything else I need to take.
The builder cannot execute registered rectification deed in your favor if there is no registered sale deed executed in your favor so far.
The rectification deed can be executed only on the previous sale deed where there was an error in that sale deed, rectifying the said error.
Since you are buying the property afresh, you need to have a fresh registered sale deed with the clauses what you have discussed so far, do not agree for any rectification deed, this would not be proper as per law.
In case deed of rectification is executed by builder you don't need any other documents as it is first sale of flat by builder to you
Sir, Builder had explained me below process for rectification. Since flat is in joint names and both of them A and A wife are out of india they will execute POA in favour of A father to execute deed of rectification. First Builder will execute the rectification deed with person A so that he shift the person A from flat no. 705 to some other flat like 805 by doing rectification deed. And after doing a rectification with person A , builder will execute the Fresh Sale deed with Me for flat no 705. So please let me know above process of rectification is correct ..??? or it can be done only via cancellation deed and if yes I need to do a same thing in rectification deed which we need to do in case of cancellation of registration of sale (Mentioned Below) or there should be different process or documentation required Below are points which need to be follow in rectification deed Please check and suggest.. 1. Need to take a Original / Certified copy of sale deed which was executed between previous owner (Person A & person A wife ) & Original / Certified copy of power of attorney executed by A in favor of father & Original / Certified copy of rectification deed 2. All original /certified copy mentioned above in point 1 should be with me for my record there is no need to attach the same in My sale deed while doing registration of sale deed. 3. As a safer side I also need to put a clause “That the builder/vendor shall solve or settle all the legal disputes that may arise if any in future” in my sale deed and along with that should i also need to put a clause i.e "Earlier the flat was registered with Person A with so and so registration no and which was rectified and shifted to so and so flat no by executing rectification deed on so and so date Please confirm. 4. There is no need to take any other document/Noc/ indemnity…etc from builder /vendor A 5. Apart from above any other process /document/noc/ indemnity….etc anything else I need to take.
Process of rectification deed is correct
Builder can execute fresh sale deed on your favour as A and his wife will not have any claim on flat 705
You don't need to take any further documents from builder or A
What is this rectification the builder is now referring to?
If the previous buyer would like to cancel the registered sale agreement then what is the problem with the builder to execute the registered cancellation deed?
Why is he insisting a rectification deed?
As a matter of fact the previous buyers have not got the registered sale deed in their favor, it was just a registered sale agreement, then where is the question of rectification deed comes in now?
If the previous buyer wants to buy some other flat other than this then he may have to cancel the present agreement and go for a fresh sale deed for the new property that he intends to buy now.
Basically it is just a registered sale agreement and not a sale deed lying on the previous buyers name.
Until they do not execute a registered cancellation deed, the encumbrance on them shall remain in tact which will create problems for you at a later stage when you intend to sell this property or trying to avail loan from bank or any financial institution.
The rectification idea what the builder now proposes to execute is absolutely incorrect and agaisnt the law, do not agree to this proposal, it may cause a long time head ache to get the details clarified if there is a problem in the future.
Though the builder has indemnified that he will solve all the legal disputes in this regard in future, he may not be available after two years to solve or even help you tide over the legal crisis that may arise after that and you will become helpless at that time facing all the hardships and difficulties all alone.
Better take an advise from a local lawyer too by narrating the entire stories on the basis of the documents in your possession.
Sir, I had a word with Builder to do cancellation of flat no. 705 instead of rectification for a property purchased by party A so that Fresh sale agreement can be done between builder and Me for the property having flat no 705 . (Note: This is under construction residential property located in Mumbai(Cost is approx 59 Lac). Sale agreement is already done between Person A & Builder for flat No. 705. Now Reason for cancellation/rectification for flat no. 705 is due the fire space(Refugee area ) carpet area of flat no. 705 is reduced so builder is doing cancellation/rectification in favor of Person A so that he(Builder) can allocate the some other flat to Person A & after that builder is going to sell that flat no 705 to me.) 1) Builder told me that if he execute the cancellation deed for the flat no 705 than after executing cancelation deed, Sale agreement between me & builder can be done only after receiving the refund against the cancellation done for the flat no. 705 and which takes around 90 days that means after executing the cancellation deed for the Flat no. 705 , Fresh registration between me and builder can be done after 90 days . Is the above info is correct…???? Please suggest & explain in brief. Also let me know 2) After executing the CANCELATION DEED for a given flat which is residential under construction property can someone else purchase and register the sale agreement against the same given flat immediately with builder or there is some cooling period after that only builder can sell and have sale agreement registered with the customer for a given flat (Please explain in brief) 3) If builder execute the REACTIFICATION DEED against flat no. 705 and shift that person A from Flat no 705 to some other flat no like 805/905 then for a residential under construction property can someone else purchase and register the sale agreement against the same given flat no 705 immediately with builder or there is some cooling period after that only builder can sell and have sale agreement registered with the customer for a flat no 705 (Please explain in brief) 4) Just for Info :: What if Someone had purchased a flat however Flat no ,carpet area & Floor Plan is wrongly mentioned in the sale agreement and sale agreement got registered. So in this case Is customer have to execute rectification with builder to correct the info wrongly mentioned in sale agreement…???? or First he has to do a cancellation of property by doing cancelation deed and then he has to make fresh registration for the correct property. (Please explain in brief) Request you to please suggest against all point mentioned above and also your views on the same.
1) obtaining refund is tedious process and it should take around 90 days as mentioned by the builder
2) there is no need to have cooling after entering into deed of cancellation
3) no need to have cooling period after execution of deed of rectification
4) if flat number , carpet area is wrongly mentioned then deed of rectification should suffice . It is not necessary to execute cancellation deed
1.It is not understood that why builder keeps you misguiding by saying one or the other flimsy reason. You tell him that you are ready to wait for 90 days.
2. There is no such waiting period you can register it on the same spot also.
,3. After rectification if there is no cancellation deed then no use of rectification deed.
4. If the buyer would retain the property then he can ask the vendor to execute a rectification deed. In your case the buyer will not come into picture after rectification deed, then who will cancel the sale agreement after that.
You should consult a lawyer in the local before proceeding.
Sir, Person A and his wife had jointly given a POA to Father of” Person A” in the year of 2013 when both are in India and that POA is notarized by a advocate and having Some Notary Registered Number like: 1534/201 |31 07|2013. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Some of the Point of a POA: 1)We are the owners of various movable and immovable properties in the city of Mumbai ,Maharashtra, We are husband and wife. 2)Due to the service of Mr. Person A , at Nairobi (Kenya) we both are residing at abroad therefore we desirous to appointing some fit and proper to look after our all affairs relating to our properties and requested to father of Mr. Person A namely Person B ,Aged 60 Years adult ,Indian ,Inhabitant of Mumbai , having address so an so; to act for us and manage and look after all our affairs including all affairs of our above referred properties which the Attorney has consented to do. We hereby confer upon the attorney following power and authorities. a) To enter into, make , sign, seal, execute, deliver, acknowledge and perform all engagements , contracts, agreements,indentures,declaration,bonds,deeds,assurance,documents,paper,writings and things that may be necessary or proper to be entered into, made signed, sealed ,executed ,delivered ,acknowledge and performed for any of the purpose of the presents or to or in which we are or party or in any way interested. And to admit and execute before the join Sub Registrar office for the registration. b) To Sell,Transfer ,assign and to execute all such deeds and documents as may be required or as may be deemed fit or in relation to all or any of the matters of our property. c) And Generally to act as may Attorney or agent in relation to our affairs and all other matters in which we may be interested or concerned and on our behalf to executes and do all instruments, act,deeds,matters and things as fully and effectually in all respects as we ourself could do it personally present. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Note: POA executed in the year of 2013. In the Year of 2015 Person A and his wife came to india and purchased a property (Flat no. 705)and registered the property, and again went to Aboard. Now due to some structural change in the flat no 705, Builder want to do a cancellation of the flat no.705 sold to “Person A and his wife” and will assign some other flat behalf of flat no 705 to Person A his wife and after doing a cancellation of the Flat no .705 builder will sell that flat no 705 to me. Now my question is: 1) Since Person A and His wife both are out of india and can’t be physically present for executing a cancelation deed . Is POA mentioned above with some points which was executed by Person A and his wife in favor of Father of Person A in the year of 2013 will suffice so that father of person A can Now execute the cancelation deed for the property purchased in the year of 2015…?? 2) POA which was executed by Person A and his wife in favor of Father of Person A in the year of 2013 is not registered in Sub-Registrar office. It is(POA) notarized by a advocate and having Some Notary Registered Number like: 1534/201 |31 07|2013. Is this Notarized POA will work for cancellation deed or it is compulsory to have POA registered and notarized POA will not work for executing a cancelation deed. (To whom POA is issued is father of Person of A )..??? 3)Is notarized POA which was executed by Person A and his wife in favor of Father of Person A will work for cancellation deeds. So based on that POA, Father of Person A can execute the cancellation deeds behalf of Person A and his wife…?? 4) IS power and authorities mentioned in POA (Please refer above Point Marked between the arrows ) Is enough based on that Father of Person A can execute the cancellation deeds behalf of Person A and his wife..??? 5)Is it valid that POA executed in the year of 2013 and property purchased in the year of 2015 and based on the POA executed in the year of 2013 Father of Person A can execute the cancelation deed now for the property purchased in the year of 2015…?? 6)Is It required to registered the POA even if it is issued to Family Member Like above where Person A and His wife had issued a POA to father of Person A….?? 7)To which relation it is compulsory to registered a POA ..? I had consult many local advocated and each of them having different opinion on the same. So I thought I should consult Kannoon.com they can help me in such situation as I am very confused and scared . Need a suggestion & detailed explanation for these transaction so that I am safe in Future . Please help...!!!!
1) father can execute cancellation deed on behalf of his son A on basis of POA It is better wife comes down to India for cancellation deed
2) however POA should be duly registered in India
3) notarised POA would not suffice
4) registration of POA is mandatory
5) even if POA is issued in favour of family member registration is required
1) Since Person A and His wife both are out of india and can’t be physically present for executing a cancelation deed .
Is POA mentioned above with some points which was executed by Person A and his wife in favor of Father of Person A in the year of 2013 will suffice so that father of person A can Now execute the cancelation deed for the property purchased in the year of 2015…??
Since the power of attorney deed is not a registered document, the power agent shall not be eligible to execute a registered cancellation deed on behalf of his principal.
For all the transaction in respect of the immovable property to be done through the power agent, the power of attorney deed in his favor has to be a registered document.Registration of such document is mandatory under law, then only the power agent will be allowed to perform such transaction.
2) POA which was executed by Person A and his wife in favor of Father of Person A in the year of 2013 is not registered in Sub-Registrar office. It is(POA) notarized by a advocate and having Some Notary Registered Number like: 1534/201 |31 07|2013.
Is this Notarized POA will work for cancellation deed or it is compulsory to have POA registered and notarized POA will not work for executing a cancelation deed. (To whom POA is issued is father of Person of A )..???
The anser to Q.1 above suits this too.
3)Is notarized POA which was executed by Person A and his wife in favor of Father of Person A will work for cancellation deeds. So based on that POA, Father of Person A can execute the cancellation deeds behalf of Person A and his wife…??
The answer given to question No.1 will be applicable to this too.
4) IS power and authorities mentioned in POA (Please refer above Point Marked between the arrows ) Is enough based on that Father of Person A can execute the cancellation deeds behalf of Person A and his wife..???
The contents are okay but remember that the unregistered power of attorney deed is invalid for the transactions in respect of the immovable property.
5)Is it valid that POA executed in the year of 2013 and property purchased in the year of 2015 and based on the POA executed in the year of 2013 Father of Person A can execute the cancelation deed now for the property purchased in the year of 2015…??
When the unregistered power of attorney deed is not valid then the question of other issues do not arise.
6)Is It required to registered the POA even if it is issued to Family Member Like above where Person A and His wife had issued a POA to father of Person A….??
Yes, the POA deed has to be registered for any transaction with regard to immovable property, there is no question of relationship between the agent and the principal.
7)To which relation it is compulsory to registered a POA ..?
What is your question? Dont you want to understand the law?
Any POA deed between any person with regard to any transaction of an immovable property, the registration of the said deed is a mandatory requirement as per the provisions of the registration act.