Dear Esteemed Lawyers, I am purchase a flat in Chennai. The original land owner is an un-registered Partnership firm who bought it on 2007 through valid Sale deed & obtained the patta. The firm on 2009 got registered under Registar of Firms. On 2010, the firm registered a power of attorney in the name of the builder's Managing Director to do acts on the land (sale power) & another POA to the builder (construction of flats). The POA contains a clause "to delegate the power to present the docs for registering before the SRO". Now the MD has obtained a "presentation POA" from nearby SRO vide an attestation stating 2 names who will present before the SRO on the date of registration. My question is as below: 1) As the partnership firm got registered in 2009, whether the land bought on 2007 by the firm will not have any legal consequences upon my purchase now? 2) Whether the MD (POA holder) can appoint any other person to present before the SRO? 3) Whether the MD (POA holder) can ask any other person through this attestation? 4) How to verify the validity of POA & attestation refered here? Thanking you in advance
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1) it would not have any consequences on your purchase
2) since The POA contains a clause "to delegate the power to present the docs for registering before the SRO the MD can execute POA in favour of 2 persons
3) check whether the POA has been duly registered with sub registrar office
4) get documents vetted by a local lawyer then only purchase the flat
1. The unregistered firm is very much valid legal entity and can operate legally. So there is no legal bar doing this.
2.Yes if the original POA gives him power of delegation like your case.
3.Yes
4. You can check them or meet them physically to find out the truth or veracity of POA.
1. You should verify the title deed about the legal ownership as mentioned in it, i.e., the name of the buyer and the seller in the registered sale deed/title document. Go through the contents properly to confirm the name of the buyer. If the company is the buyer then there is no need to worry about its registration.
2. Yes, provided the POA deed is a registered document. This is just an authorization letter to present the execution of registered sale deed on behalf of the power holder.
3. The power holder ha to sign the registered sale deed document though it is being presented by his representative.
4. The POA deed has to be a registered document.
As far as buying the immovable property is concerned it is always advisable to obtain a legal opinion from a lawyer before venturing into the proposed purchase.
