• Validity of sale deed

Dear Sir,
I have purchased a duplex flat from a builder and the first transaction happened on 7th March 2014 but the sale deed for the land was registered on 26th June 2014 at registrar's office. The land on which duplex is getting built was owned by 3 persons jointly and they have give Power of attorney to the said builder. But they executed the power of attorney on 8th March 2013 and its written on POA document that "This POA is valid for 11 months and 29 days from the date of its execution". Also the POA document was registered on 11th March 2013. When I applied for bank loan the bank lawyer said that the sale deed registry is not valid as on 7th March 2014 the builder did not have any POA. Kindly clarify whether the sale deed is valid or not ? What can be done if the deed is invalid?
Asked 11 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
As per your question No.1 your sale deed is not valid because the time duration is more than 1year 29 days if you want to validate your sale deed then you have to approach the builder .you have to make the new POA from the 3 person and validate your sale deed .

if builder is not ready to make POA then you can file criminal complaint under section 420 , 406 , 506 rw 34 IPC,
and also file a civil suit in civil court.
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1. The sale deed is illegal as the builder suffered incompetence of authority to execute it due to the fact that POA had expired. The remedy available to you is to file a lawsuit for recovery of money against the builder to get back the money paid to him. 

2. If the POA specifically mentions that the sale deed has to be executed within the time period mentioned in it then this sale deed is illegal. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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1) only the transaction happened in march 2014 but sale deed was executed and registered only on 26th June 2014 

2)validity of POA had expired by then and hence builder had no powers to execute the sale deed in June 2014 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
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sale deed appears to be invalid as power of attorney had expired on the date of execution of sale deed 

fresh POA can be executed by 3 persons 

builder can execute deed of confirmation 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
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The date of power of attorney is registered on 11 march 2013. So the 11 months and 29 days start from 11.03.2013.According to the calculation 11.03.2014 is the last day for execution of sale deed, 

But as per your query the land was registered on  land was registered on 26th June 2014 at registrar's office. So the executant (Builder ) has no legal right over the POA for executing registration of new sale deed after that particular day . 

Now in this juncture there are two options. One is execute a relinquishment deed from 3 person in favour of you with regards to the property. Or file a civil suit for recovery of money against the builder . 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1) A power of attorney can start on a date specified in the document.  If there is no specified date or event, a power of attorney starts immediately upon execution.you have stated that POA was executed on 8th march 2013 .  if sale deed was signed on 7th March 2014 it would be valid if it was within period of 11 months 29 days . 

2) 11 months 29 days calculation will start on 8th march 2014 

3) registration can be done within 4 months 

4) builder has no powers to submit document for registration as POA had expired 

5) deed of confirmation can be executed . mere notarised affidavit is not sufficient 

4) if at time of registration POA has expired builder cannot present document for registration 
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
As per your question already your POA was expired before the sale deed , it is better you amendment in POA then your sale deed is valid otherwise you have to take the money from builder , Notarized affidavit is not a valid document .

if builder is not ready to repay your whole amount then you can file criminal complaint under section 420 , 406 , 506 rw 34 IPC, and also file a civil suit in civil court.
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
Count yourself from the date of execution of POA (Registered date 11.03.2013). Affidavit is not valid due to the specific conditions about the date of execution of sale deed in the POA. Mere writing in a stamp paper is not a registration. Register the documents before the registrar and paying the registration fee to the government and endorse the same on the record of register is a the validation of registration.  So the builders claim is not sustainable in the eye of law. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1. POA without registration is not valid for registering  a property. So the POA is valid from 11.3.2013 for 11 months and 29 days i.e. up to 08.3.2014 (10.3.14 being11 months 31st day, 08.3.14 is the 29th day). 

2. The sale deed registered on 26.06.2014 is clearly invalid since when the builder registered the sale deed,  validity of his POA had expired (even if considering the validity from the date of execution i.e.8.3.204),

3. The builder should get another POA executed and registered where in he get empowered to transact sale and register sale deed on and from 7.3.2013.
2. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. The POA was required for registering the sale deed which took place on 26.6.2014,

2. On 26.06.2014, the builder did not have any valid POA to register the sale deed,

3. So the said sale deed is invalid.

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. the builder is right in saying that "as per indian registration act 1908, the document after execution can be presented within 04 months for registration purpose". No body is denying that. But what the builder is not saying is "the person who is registering the sale deed for and on behalf of the Vendor should have a valid POA on he date of registration and not on the date of execution".

2. It is not a correct to say "The main question is about the validity of POA on 7th March 2014", The mail question is about the validity of the POA on the date of registration of the said sale deed. Presentation of executed deed has been allowed upto 4 months but the POA should be valid till then ,

3. So, on this ground the said registration of sale deed is invalid.


Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
they executed the power of attorney on 8th March 2013 and its written on POA document that "This POA is valid for 11 months and 29 days from the date of its execution". Also the POA document was registered on 11th March 2013. When I applied for bank loan the bank lawyer said that the sale deed registry is not valid as on 7th March 2014 the builder did not have any POA. Kindly clarify whether the sale deed is valid or not ? What can be done if the deed is invalid?
The POA deed is to be seen to render proper opinion.
However if the recitals of the POA deed is confirmed then as on the date of the POA deed stands invalid if it was not renewed or a fresh POA was not executed. A ratification deed by the owners in favor of the buyer ratifying the execution of earlier registered sale deed may solve the crisis.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
The builder is saying that 11 months 29 days will be calculated from 11th March 2013 as the POA was registered on that date, so POA is valid. Also as the transaction happened on 7th March 2014, the sale deed can be registered within 04 months. Please tell whether the calculation 11 months 29 days will start from 8th March 2013 or 11th March 2013. Also if the sale deed is valid or not? If not valid what can be done to make the deed valid ? Like getting an affadavit from the 03 owners will suffice 

The builder is incorrect to say that the POA will take effect from the date of registration, it  shall commence from the date of execution however that is not the question here, whether the POA deed is valid as on the date of registration of sale deed?, It is clear NO because there is no  power existing given to him by the principals as on the date of registration of sale deed because the stipulated date or time in was not extended and he cannot claim  exemption on any ground.  
The alternative is  as I mentioned in my previous answer to the previous question;  is to get the execution of sale deed ratified by a registered ratification deed by the principals/original vendors.
Affidavits or NOC by the original vendors shall not validate the sale deed. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. POA was valid on 7th March 2014 or not ?
POA deed as you said was registered on 11 Mar 2013, is valid as on 07.03.2014;


2. 11 months 29 days calculation will start from 8th March or 11th March ?
We will give the benefit of doubt to the POA holder and can hold the date of registration as effective date.


3. If POA was valid, and if the builder can execute the sale deed, can it be presented for registration within 04 months ?
Now you should see if the POA deed is valid as on the date of registration of sale deed though the fact is that it can be registered within 4 months from the date of execution.  Whether the vendor (the POA agent) has marketable title (effective POA deed) as on the date of registration of sale deed. 


4. During presentation of sale deed for registration, the POA was expired but as the builder had originally executed the sale deed when POA was vaild , is he competent enough to present the sale deed document at the registrar's office.   
Why do you repeat the same question in a different form?  See the above answer which suits for this question too.




5. Builder is saying that he will give an notorised affadavit of all 03 land owners that they have recieved the money from that sale and have no future interest in that land. Is that enough or not ? 
Please advise as I am getting very confused.
This notarised affidavit or any NOC cannot be enforceable legally and shall not be admissible as evidence in law in the event of any litigation in future in this regard. 
The notarised affidavit is not binding on the original vendors, if they decide to challenge it in he future then you dont have rounds to defend your case. 
Better ask them to execute a ratification deed and get it registered properly instead of entering into an argument with the agent/builder, if he is not listening you may lodge a criminal complaint against him for cheating offences  informing that he sold the property without any authority or marketable title hence to initiate legal action against him for the said offences, this will take care of other issues. 


T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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