1) fresh POA has to be executed in respect of survey no 51
2) deed of confirmation can be executed by vendor
Wrong POA holder registered sale deed, need a way to correct it
Hi Sir/Madam, I have purchased a property (plot in an approved layout) in Bangalore and got the sale deed registered 10 days back. Sale deed is among three parties; 1. Vendor (A company which has the land in its name and developed the layout) 2. Facilitator (Another company which is marketing the plots) 3. Myself as Purchaser Sale deed is signed by Managing Directors of Vendor, Facilitator. However, Vendor, Facilitator were represented by their POA holders who appeared before the sub registrar. I later realized that the Vendor's POA holder got POA to register plots only in Survey no. 50 of the layout, where as mine is in Survey no. 51, making his POA/representation invalid for my plot. How to correct this mistake? Kindly advise. Thanks, Vishnu.
Asked 8 years ago in Property Law
Religion: Hindu
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9 Answers
The sale deed does not convey the title to you as the vendor's POA holder did not had the authority to register the sale deed in respect of survey no.51. Tell the vendor to either himself execute the sale deed or execute a GPA in his agent's favour to authorize him to execute the sale deed in your favour. If he does not accede to your demand then file a suit for specific performance against him.
Hi, If the Power of Attorney holder has does not have valid Power then he can't sold the property and entire transaction is void.
2. Ask him to execute General Power of attorney in previous dates so that he has the power to sell the property other wise you don't have option.
If POA is not authorised to sell this plot then the execution of sale deed is invalid since the vendor (POA) has no marketable title on this property.
However, if the principal of the POA ratifies this by executing a rectification deed, then this can be made alright.
A. Unless obtained absolute power for Sy.No.51to execute Sale Deed that your Sale deed will not get marketable title or absolute right over the property.
B. First, Vendor must get registered GPA in respect of Sy.No. 51 and execute Confirmation Deed in favour of you. Second option is cancellation of present Sale Deed and execution of fresh Sale Deed after obtaining registered GPA towards the Sy.No.51 but you need to pay stamp duty and registration fee.
Thanks a lot for the solutions. Since the sale deed is already executed and registered 10 days back, the suggested fresh GPA/POA in respect of Sy.No. 51 to be executed will be after the date of registering my sale deed. Is it fine? And is it okay if the suggested fresh GPA/POA in respect of Sy.No. 51 to be executed is unregistered? Is it necessary to have Facilitator (Another company which is marketing the plots) as one of the parties in deed of confirmation? Or it should be just between Vendor and Purchaser? Regards, Vishnu.
Asked 8 years ago
1)fresh POA can be executed for plot no 51.after your sale deed is executed as earlier POA was only in respect of plot no 50
2) POA had to be registered as sale of property can be only by regd POA
3) deed of confirmation can be executed by vendor directly in your favour
It is not necessary to have facilitator as party to deed of confirmation
Is it fine? And is it okay if the suggested fresh GPA/POA in respect of Sy.No. 51 to be executed is unregistered?
An unregistered GPA/POA deed is invalid hence the fresh unregistered POA cannot sell or rectify the previous sale. However the original owner can execute a registered rectification deed rectifying the error observed in the original registered sale deed document.
Is it necessary to have Facilitator (Another company which is marketing the plots) as one of the parties in deed of confirmation? Or it should be just between Vendor and Purchaser?
The facilitator is a third person as far as this sale deed is concerned, hence it is always better to have the vendor - purchaser deal alone.
A sale deed requires mandatory registration under the law of the land. An ex post facto GPA will not suffice in your case. A fresh GPA should be executed in favour of the POA holder and then a fresh sale deed should be executed by him in your favour.