(urgent) validity of power of attorney
Sree Sagar
(Querist) 23 June 2016
This query is : Resolved
I am planning to buy a joint property (wife and husband). Wife is in india and husband is in USA.
Husband gave power of attorney to wife with all powers(find buyer,fix price,enter into agreement,take money,execute sale deed) to sell his portion in property.
the power of attorney is attested by indian embassy (USA) with husband signed only on last page of power of attorney and embassy stamped on all pages.
the same document(husband sign in last page) after courier to india, registered in india with wife signature in last page.
i entered into agreement of sale with wife to buy the property but now i am getting the following doughts.
1)is the power of attorney valid as all pages are not signed.is there any risk if husband tells middle page is replaced.not sure if this done intentionally missing signatures in all pages.
can we send the registerd power of attorney courier again to husband(USA) to sign all pages?
but the certified copy won't be having signatures in all pages.
how to rectify this error now? is there any way to re register so that only scanned copy is effected with out deed of rectification?
2)wife signature issues
her signature in passport is(xyz) where as in pancard is (xyz with two underlines),signature is matching except underlines
signature in previous sale deed is (xyz) where sale of agreement/power of attorney - signature is (xyz with two underlines)
will these types signatures causes any problems in future?
3)also wife's name has below issues.
wife maiden and husband surname is not included marriage certificate , and all id proofs are in maiden surname and sale deed and power of attorney is with husband surname.
i took affividat for both names are same but having signature is (xyz with two underlines)
as vendor is asking more money advance asap, please help on this quickly
Devajyoti Barman
(Expert) 23 June 2016
1. If the attested POA is sealed on each page then signature of the principal on the last page is enough.
2.She can put her present signature. Non matching of her previous signature is not damaging.
3. The affidavit is enough to solve the problem.
Kumar Doab
(Expert) 23 June 2016
Hope you are satisfied.
Rajendra K Goyal
(Expert) 24 June 2016
Agree with the expert.
Before proceeding get all the documents checked by some local lawyer.
Kumar Doab
(Expert) 24 June 2016
The query is also posted in Forum.
T. Kalaiselvan, Advocate
(Expert) 29 June 2016
The doubts have been properly cleared by expert Mr. Barman, nothing more to add.
Sree Sagar
(Querist) 02 July 2016
Thank you all for the replies,
Sir,
I have few questions
what name should be included in the sale deed (husbandsurname-name) or (maidensurname-name) or can a sale deed be written (husbandsurname-name@maidensurname-name)
while the previous sale deed is having (husbandsurname-name) and all id proofs are with (aidensurname-name) and marriage certificate is having only name with out any surname.
Also the owners does not have current address proofs and having only previous rented house address proof, can previous address proof be attached to sale deed and GPA etc mentioning the current address with passport as id proof?
Also what should be address proof attached for USA citizen to the sale deed/GPA if he does not have any address proof in USA?
