Deed of confirmation has to be registered in Kerala only where property is situated
Can I register an Afidavit/Confirmation at Delhi Registrar office in relation to a property sale deed registered in Kerala (part
Respected Lawyers, I am residing in Mayur Vihar Phase 2, Delhi. I sold a property in Kerala in 2022 which was possessed by my mom, my sister and myself. My mom and sis prepared a special power of attorney to authorise me to sign the sale deed at the registrar's office in Kerala. Registration went well, no issues. the special power of attorney (stamp value 100Rs) prepared in Delhi was notarized only not registered. Sub-registrar in Kerala during sale deed registration didn't raise any concern and completed the process. Now, the new owner has approached the bank (SBI in Kerla) for a loan on top of this property. During document verification, the bank layer has commented that the notarized POA is not valid and the stamp value of Rs 100 is not enough (min 600Rs for a POA in Kerla) so they cannot process the loan application. To rectify this they need an affidavit/confirmation registered mentioning the old POA and the executed sale deed details. Bank lawyers in Kerala don't know this can be done at a registrar's office in Delhi. They know it can be done in Kerala but at the moment my mom and sis are not in a position to go to Kerala. Can anyone here please tell me this is something we can do at the registrar's office in Delhi? Please help Thanks,
Asked 1 year ago in Property Law
Religion: Hindu
8 Answers
POA executed in Delhi and can be act upon in Kerala also. POA is merely an authorisation so authorisation given in Delhi by your sister and mother in Delhi is also valid. POA was required to be registered but non registration is merely an irregularity which can be cured by other modes. In 2022 new court fee and stamp Act were introduced and stamp on POA was increased to Rs. five hundred,objection of bank lawyer is not correct and he seem to be lacking proper information. There is no legal requirements to execute POA in kerala only. If required consult with details.
The device given by the advocate for Bank in kerala s right so far as unacceptability of notarised POA is concerned.
However if the parties are ordinarily resident of Delhi then such affidavit /declaration can be registered in Delhi.
On the basis of notarised POA no valid transfer will happen.
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As per law, the POA used for transaction pertaining to immovable proeprty has to be executed on a registered document only and not by an unregistered document.
The section 17 of the Registration makes it mandatory to register this document.
You can get a fresh POA duly registered in Delhi itself as a ratification deed and submit it to the buyer at Kerala.
Dear Client,
Based on the circumstances, it will be possible to respond to the issues raised by the bank lawyer up to the special power of attorney and its value on stamp. However, the original POA was not notarized and not registered, and in any case, if the stamp value of the document does not conform to the legal requirements of stamp duties in the State of Kerala, at least a registered affidavit or confirmation should be able to treat the wrong.
If your mother and sister want to get over this, they can execute an affidavit in Delhi, where the particulars of producing the original power of attorney and the actual sale deed will be stated. This affidavit should particularly mention that you had the original power of attorney to do the following for the sale of property in Kerala. Moreover, there should be details concerning the sale deed, and all parties should have knowledge about the transaction beforehand.
After the affidavit is drafted, it should be lodged with the registrar of the stated city. In the case of registration, the common-law partners, or your mother and sister in this case, will have to go to the registrar, who will then cause the affidavit to be sworn by them. This registered affidavit can then be procured from the office of the subregistrar and submitted to the bank in Kerala to meet the above requirement.
Though it is a standard practice to follow while rectifying inconsistencies in title deeds across different states, it is wise to seek legal advice from an attorney with knowledge of real estate law in Delhi and Kerala. They can help determine whether all the legal requirements in the preparation of the affidavit have been met, not to mention issues related to registration. It will also assist in eschewing additional problems with the bank’s verification process and simplifying the process of acquiring the loan application.
Lastly, it is for this reason that you can actually handle this at the registrar’s office in Delhi by preparing and forwarding an affidavit that will consist of the details in regard to the original POA and the sale deed. It will also involve consulting a legal professional to make sure that the responses in the affidavit are proper and that the affidavit is properly drafted and recorded to address the bank’s concerns.
Dear sir
As you presently live in Delhi , it is advisable that you take your old sale deed, POA and related present documents to a local lawyer in Delhi who specializes in property documents and consult him if this can be acceptable in Kerela .
Without seeing the documents it is difficult to suggest anything.
If you found my answer help , Please provide your valuable ratings.
Thank you. Warm regards Adv Harshita Shah
- As per Supreme Court , No title could be transferred with respect to immovable properties on the basis of an unregistered Agreement to Sell or on the basis of an unregistered General Power of Attorney/POA.
- Hence, the said POA on Rs.100/- is not valid document for transfer the property and to execute sale deed on behalf of the owner of the property.
- However, the confirmation and affidavit should be executed in Kerala.
The objection has been raised due to the requirement u/s 33 (1)(a) of the Registration Act which says :
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:--
(a) if the principal at the time of executing the power-of-attorney resides in any part of 1 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
in your case the POA granted by your mother and sister was NOT executed before and authenticated by the Sub-Registrar of Delhi but was a notarised POA
Such POA was invalid for registration purpose
in my view the requirement of an affidavit registered at Kerala by your mom and sister will not cure the defect
however your mom and sister can make a fresh POA in which they would mention the details of the old POA and this new POA should be signed before the sub-registrar in Delhi and authenticated by him [as your mom and sister it appears are presently in Delhi]. In this new POA, a power to execute and register a rectification deed with the buyer has to be granted to you
then using the new POA you can register a rectification deed with the buyer.
the rectification deed would state that the POA used for the registration of the sale deed was one that was not in conformity with the law and thus to cure the said defect the present rectification deed is being made
also in the new POA it has to be mentioned that it shall operate retrospectively, that is, prior to the date of registration of the sale deed
in addition to the above procedure, your mom and sister can make a confirmatory affidavit stating the factum of the erroneous POA and the sale [so far their shares in the property under sale is concerned] being valid despite such erroneous POA. This affidavit can be notarised before the notary public in Delhi itself.
Since the rectification deed will be registered in Kerala [which will be done by you in the capacity of POA holder of your mother and sister], there is no need to get the affidavit registered in Kerala
