• Registering an open plot in Hyderabad

Hi,

I am buying an open plot in Hyderabad, Telangana where the seller is in USA. He has given SPA to his sister to register the sale deed. I have paid him more than 50% of the land value already. 

Now we found there are some print mistakes in his(seller A) sale deed. One of the survey number is missing from his(seller) sale deed. What should be done now? His seller (call him Seller B) is now in Himachal Pradesh (Old Person) and may not come to Hyderabad for another 6 months or so. 

Will it be possible to get SPA from seller B person in Himachal Pradesh on my name and then execute first the rectification deed and then proceed with the sale deed? I have contacted the concerned SRO (where the plot is) and he advised to do this:

1. Rectification Deed to put the Survey Number (in 5 places where it is missed).
2. Sale Deed 

If that is so, can the SPA from Seller B be validated like the other SPA (from USA)? Or Is there any other procedure for this? There is no money between Seller B and me...

Please I need the clarification on this.

Thanks
Asked 5 years ago in Property Law
Religion: Hindu

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28 Answers

SPA of both the parties needs to be executed before competent authorities. 

SPA of USA be attested befor Indian Embassy for enforcement under the law. 

SPA of  party at Himanchal Pradesh must executed and attested before Gazetted officers for validity under the law.

Both SPA attracts registration charges before the Registrar of Assurance and sub-registrar office for validity of sale of immovable properties. 

If these two steps have been complied with then rectification in sale deed is valid and enforceable under the law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Seller can execute registered POA in favour of family member to execute deed of rectification 

 

2) POA can  be registered where seller is residing or in HP 

3) sale deed can then be executed by sister on basis of POA attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you can ask him to execute SPA but for that too you need to visit him as it has to be registered.

No, it can't be.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Yes, it is valid bit always insist on executing a registered SPA while transfer of property is involved.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1) it is valid for sale deed 

 

2) for rectification deed better get registered POA from seller 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If you have paid only half of the money then it must be sale agreement and not sale deed. Therefore at the time of registering the sale deed payment of balance consideration amount you can correct the typing error. 

2. If the mistake mere typing error which doesn't touch your survey number then you don't need rectification deed. 

3. Both these deeds can however be registered on the basis of a valid registered GPA.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Let Seller's POA holder execute the Rectification Deed.

2. AFTER above let Seller's POA holder execute the new Sale Deed, with you.

CONSIDER THIS:
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. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

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. A Notarized POA is legally infructuous for immovable properties.

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.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Due procedure is advised to by SRO. Get the POa from seller B to execute rectification and later sale deed with POA holder of A.

POA executed in India dose not require further validation but it should be registered.

USSPA is valid.

Notory POa will validate by SRO.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.

- Since, there is mistake in description of property i.e. Survey number is missed , then it can be corrected after executing the Rectification deed , but the appearance of both parties are required for the same. 

- However, this can be done after executing SPA/POA on their behalf, if they are not able to approach the office of the registrar .

- Yes, if the SPA from the US is already validated from Registrar office , then that SPA holder can legally execute Sale deed on your behalf. 

- Further, that person B should give SPA to any his relative or nearest friend for the rectified in the Deed , and a notary can be accepted by the Registrar ,as such mistake come under the typographical error.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir, 

The SPA from Himachal Pradesh person will solve the purpose, The said validation is SPA will be valid and the rectification deed can be done as per law. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. The error have to be rectified by executing a registered rectification deed. 

If the SRO agrees for such an arrangement,  then you may better arrange somebody else as the SPA in your place because you are the ultimate buyer. 

2. The seller's SPA can sign the registered rectification deed on behalf of the seller being executed by his seller through his SPA. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The understanding which you wanted to clarify in the subsequent post is perfectly alright,  you can proceed. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

No, Notarized SPA is invalid for registration of sale deed .All SPA are  required  to be registered with competent authorities office of Sub Registrar under Registration Act 1908.

After registration of SPA before Sub Registrar becomes valid power for attorney to execute the documents of executant of SPA for the purpose of sale and transfer of land.


It is valid for the rectification deed as well provided it is duly executed before competent authorities at Hyderabad.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If possible, call him here only, or tell him to send registered POA

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

He has to to get the SPA registered at Himachal Pradesh itself. 

You cannot get it registered in Hyderabad. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If he comes to Hyderabad then uncle can execute rectification deed directly 

 

SPA can be registered in HP by seller B 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

SPA needs to be registered as per section 17,31,32 and 33 of Registration Act 1908.

Now you need SPA for the property which is situated at Hyderabad but owner is resident and domiciled in Himanchal Pradesh. 

Please prepare SPA at Hyderabad, affix the photograph of attorney on left side on the last page of SPA and courier it to Himanchal Pradesh to owner of the property and ask him to affix his photograph on the last page right side of the SPA .Let the SPA be attested by the Gazetted officer at Himanchal Pradesh attesting the signature and photo of the owner of the property and ask him to courier it back to you from Himanchal Pradesh to Hyderabad.

This is called attestation of SPA which is ready for the execution before the sub-registrar office where the property subject matter is available for execution. 

This is the way you get SPA for execution of immovable properties as per the provisions of law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Execute sale deed , and collect poa from him 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.


He can give a POA deed registered at Himachal Pradesh.

An attestation by gazetted officer will not be sufficient. 

Or you can wait till he returns to Hyderabad. 

You do not have to act on the pressure of your seller.

Issue him a legal notice demanding him to produce the proper douments or to return your booking amount with interest.

The last option what you have mentioned may be perhaps the worst ever decision taken by you in your life by inviting stressful and stretched legal hassles by taking such wrong decisions.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 


Wait till original seller comes to Hyderabad 

 

no need to bow down to pressure tactics 

 

dont complete sale deed without rectification deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- Yes , if Seller B signs and send the SPA after noterize or registered the same , then the rectification deed can be executed.

- Otherwise , wait for his coming to Hyderabad, and do not execute Sale deed without rectified the deed.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

- Yes , if Seller B signs and send the SPA after noterize or registered the same , then the rectification deed can be executed.

- Otherwise , wait for his coming to Hyderabad, and do not execute Sale deed without rectified the deed.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

- Yes , if Seller B signs and send the SPA after noterize or registered the same , then the rectification deed can be executed.

- Otherwise , wait for his coming to Hyderabad, and do not execute Sale deed without rectified the deed.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

It will be better that the seller B comes to Hyderabad and does the rectification deed directly, but if he is unable to do so he may get the SPA notarised in Himachal Pradesh and then send the same to Hyderabad. It is not advisable to get the sale deed done as per pressure of seller A and go for the rectification deed first. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

No rectification deed should be done first before sale deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes,Definitely. 

Complete the sale and get executed the sale deed for registration and then wait for the seller B to come back to Hyederabad and thereafter execute Rectification deed.

It would work without penalties and penal interest within  3 to six months from the date of execution of sale deed before The office of  Assurance Registrar and sub registrar.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Seller can execute Power of attorney in your favour . 

You can execute Rectification deed, Registration of a rectification deed attracts a nominal charge. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Call us through the website for further assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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