• Power of Attorney executed/registered illegally

Couple of months ago, my father had signed on one side of a blank stamp paper, while purchasing a flat in kolkata when the promoters asked him to sign it. Now he is concerned, that the promoters may have bribed the Sub-registerar and have registered a power of attorney, that gives them the right to sale the property. My question, is this possible? What are the steps to register a PoA? Does it require to have my fathers fingerprint? In case his consipary theory is true, what steps to take?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hello,

No they cannot do that but they can obviously made some other illegal activities with it so better to Lodge a GD in your local PS. 

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

See your father can file police complaint and send a notice to the promoters to avoid such forgery. See to make a registered POA fathers presence and thumb impression is required though notarized POA can be made if they forge it. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your father person presence is necessary for registration of POA 

 

2) in addition your father photograph and finger prints are taken at time of registration 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

- For registeration of POA , followings are necessary :

1. Appearance of the person , who is transfering the property

2. Two witnesses at the time of registeration of the POA

3. All pesons will have submit their respective identity proof

4.  At the Sub-Registrar's office signatures, photographs and fingerprints of the party will be collected.

- Hence, without the apperance of your father , it is not possible to be registered , but it can be noterized by notary public. 

- For Registeration Finger print & appearance is necessary, but for notarized not required, onlysignature is enough.

- However, if you think so, then your father should submit a written complaint in the office of Registrar , for cancel the registeration , if anyone apply for the same. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

POA can be notorise, dose not require registration. No finger print require on notorise. Send him legal notice detailing the fact and ask him to return that paper and whether he has used that paper for any purpose.

And vehemently refuse him to use that blank paper in any way.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Yes in sub registrar registration it requires finger print too. So they can't forge. Even if they forge they will be caught. Secondly you file a complaint to police station about the same. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

In property sale deed is not valid documents for POA registered

 

If your father files that he may be mis lead by builder than kindly give in written application to registrar of your city that property shouldn't be registered for further sale on POA basis it be sold by direct sale deed by owner of the flat.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Well, POA in absence of the maker of the same can not be registered. 

2. So on the basis of a blank signature of the father the paper can not be sued as a registered POA.

3. However to avoid its misuse in future you can inform Police about the loss of it. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

personal appearance is necessary for registration of POA with 2 witnesses and finger print also required 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. I don't think registration of GPA would be possible without presence of your father at sub registrar office.

2. Even if they manage to get it registered your father can lodge a complaint that the signatures are forged and he have never signed any GPA. 

3. He can ask builder show the stamp on which he have signed and write on stamp the purpose for which it has been signed.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. What was the reason told by the seller for getting the signature of your father on the stamp paper?

 

2. For registering POA or any document, your father is required to apend his signature on the books before the Registrar along with his finger print.

 

3. However, the blank stamp paper signed by your father can be used by anybody in any way like acknowledgement of debt of an amount.

 

4. Your father should ask for return of the said signed stamp paper from the seller and if he refuses to return, your father should lodge a police complaint against him for  deceptively obtaining the signed stamp paper from him.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Any document to be registered before the registrar, the party to the document has to be physically present

Without the party physically present  any such registration may be invalid and if fraudulently done by impersonation then this will can be considered as a criminal offence punishable upto 7 years of imprisonment.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer