I purchased a plot from a Company and executed and registered a Conveyance Deed for the same. The Company authorised its person by its board resolution to sign the conveyance deed on behalf of the company and to complete the registration formalities. The authorised person in turn signed the conveyance deed and for appearing before registrar for purpose of admitting his signature on conveyance deed, he granted a POA to 3 employees of the company. However that POA refers to several lands on which the Company had undertaken various projects but not the land/project in which I purchased the plot. Both the Board Resolution and POA were attached to the conveyance deed and registered by the Registrar. Pursuant to the POA the grantee named therein completed the registration formalities before the registrar by admitting the signature of the authorised signatory of the company who signed my conveyance deed. Later I got legal advise that the authority given by company to its authorised person was personal to him only and he was not entitled to delegate it to other persons by granting a POA. Further the POA attached to conveyance deed which does not specify the project in which i purchased the plot, is not valid and could not be used without my project (in which i purchased my plot) having been mentioned therein and thus the grantee therein could not present the document for registration. Therefore my title has remained defective despite having a registered conveyance deed. Despite repeated requests the authorised person of company and the seller company are not co-operating with me to solve the issues pertaining to BR and POA attached to my conveyance deed. I want to avoid a civil suit against the company as it is very time consuming and would opt for it as a last option. So my query is: Can i go for re-registration of the conveyance deed u/s 23A of the registration act and request the registrar to compel the attendance of the executant, authorised by the company in its board resolution and who had signed my conveyance deed, to appear before the registrar for purpose of re-registration, u/s 36 of registration act? What if the registrar refuses to re-register the conveyance deed despite being pointed out about the registration defect? As per my experience the law as written in the statute book is rarely followed.
Dear Client,
Rightly advised, Actually sale deed not duly executed, POA not valid in your case.But registrar will not summon the opposite party, can pursue matter under sec 36 of Registration act.
Or
you have to file suit under sec 26 of Specific reliaf act.
yes
you can make an application for re-registration of conveyance deed
the sub-registrar needs to be pointed out about the defect and if he is satisfied that there is indeed an defect then he is duty bound to re-register the document and also compel the executant of the document to appear before him
in case of adverse ruling or order you can always challenge to the Registrar and thereafter to High Court by filing a writ petition
Yes the documents can be presented for re-registration as the person who presented the document for executig was not properly authorised to present same.
The registrar being statisfied may enforce the pressence of the such person.
Further in case the registrar fails to re-register same either a writ can be filed before the high court for direction or the civil suit can be filed for declaration on same deed,
It is at discretion of registrar to issue summons for presence of executant under section 36 of registration act
you can present document for re registration within period of 4 months of being aware that registration is invalid
Yes you can proceed with the remedy of action 23A of the said Act. If he refuses you can try aplealling to Registrar from orders of sub registrar after rejection of said appeal you can initiate suit in civil court.
Appropriate remedy in your case will be a civil suit only.
However, before filing the same you file an application before the registrar for re- registration and then ask the registrar to call the executant.
Regards
There is an area error in Index 2. Should I go for a rectification deed or apply to the registrar to rectify the error? I understand that index 2 is prepared by registrar. So can parties rectify the error made by registrar's office in recording correct plot area in index 2?
Rectification deed is not necessary
apply to registrar to rectify error in recording correct plot area in index 2
Any correction in Index 2 can be made easily without cost if there is no mistake in original sale deed.
1. Take printout of correcrion in Index 2 application form from website ,fill that form attach xerox copy of INDEX 2 and all the copy of sales deed
2. Higjlight the mistake in xerox copy
3. Submit to sub registrar office It will take one month
4.Sub registrar will send this copy to Joint registrar and after approval from joint registrar feeezed index2 copy will get unlocked for correction
1. You should prepare a rectification deed making some insignificant alteration and deleting the recital about the said POA holder and get it registered by the representation authorised by the board of the company.
2. The Registrar might refiuse re-registration of the said deed but will not be able to register the rectification deed.
1. Since there is an eror found in the index, it will be easier for you to get a rectification deed registered.
2. Act as advised in my earlier post.
Yes the Index can be easily retified if there is any error in same by making an application before the sub registrar they shall produce the retified Index to you.
If there was no error in the documents then you may go ahead and move an application before the registrar for the correction.
Regards
Under the situation it may be possible for executing a registered rectification deed or ratification deed alone.
Re-registration u/s 23A also can be resorted but before that you just confirm from the registrar's office that if they can summon the vendor's representtives for this purpose or you may have to resort to legal steps to summon them for this purpose.
There is an area error in Index 2. Should I go for a rectification deed or apply to the registrar to rectify the error? I understand that index 2 is prepared by registrar. So can parties rectify the error made by registrar's office in recording correct plot area in index 2?
The error can be rectified by the registrar's office if the same is due to the mistake of the official machinery.