General power of attorney...??
rajan kumar
(Querist) 23 April 2014
This query is : Resolved
Hello everybody...This is very urgent...??
General power of attorney : Following acts were given to attorney by principals:
I. To appear and act in sorts civil criminal revenue and other offices in district.
II. To appoint advocate or vakils to sign vakalats petitioners plaints written statements counter memo or appeal grounds in the officers departments and courts mentioned in clause I.
III. To present sale deeds or documents or other papers signed by the principals in registration offices in district.
IV. To receive documents and other papers from the above mentioned offices and courts and tribunals.
V. To take delivery of property or and to give delivery of possession on behalf of principals in pursuance of any sale transaction.
VI. To admit receipts or consideration before registration before registration offices in district on behalf of principals and sign receipts.
I uploaded some of the clauses in GPA. From these points does the attorney has the power to do registration of plots signed by himself. ??
or
only the principal has the power to do the registration of plots.?
ajay sethi
(Expert) 23 April 2014
if you wanted POA only for registration purposes should have prepared a specific power of attorney in this regard .
containing recitals that as i am unable to go to office of sub registrar for admitting execution of said conveyance as i am leaving _______ and hence appoint Mr _________ to attend office of sub registrar to admit execution of said conveyance
that to present and lodge in office of sub registrar and to admit execution of the conveyance dated executed by me in favour of purchasers and to do all acts and things necessary for effectively registering the said conveyance
Advocate. Arunagiri
(Expert) 23 April 2014
III. To present sale deeds or documents or other papers signed by the principals in registration offices in district.
The above said clause does not permit the GPA to sign the sale deed.
As per the Registration Act, the parties to the agreement has to come in person for registration of the documents. So, allow the GPA to sign and execute the sale deed.
By this correction in the GPA deed, the Agent can execute, present and sign the sale deed.
If you want a safe game, put condition that the payment should be in the name of the principal by way of DD.
Rajendra K Goyal
(Expert) 23 April 2014
In the goven facts, GpA holder has not been given the power to sign on sale deed.
rajan kumar
(Querist) 23 April 2014
These are the lines from Original GPA.
clause III is that GPA holder can present sale deed, documents or other papers signed by principal in registration offices.
My question is only parties must be present before registrar. how can a GPA holder can present a saledeed signed by principal before registrar..???
From registration act parties must sign before registrar
Advocate. Arunagiri
(Expert) 23 April 2014
Mr.Hemanth,
This GPA does not confer any right to the Agent to execute the sale deed.
So, only the principal can sign and only the principal should appear before the registrar.
It is a drafting mistake.
rajan kumar
(Querist) 23 April 2014
Mr.Arunagiri
I have brought land from these GPA holder 20 years back. Not only me entire Mandal was sold by this GPA holder.Everyone constructed houses and got settled.
Principal got interested in my property and says that it belongs to me and you don't have my sign in your registration document so its invalid and you can approach court
How can i respond legal
Advocate. Arunagiri
(Expert) 23 April 2014
V. To take delivery of property or and to give delivery of possession on behalf of principals in pursuance of any sale transaction.
You can make use of the above clause. The Principal had authorized the Agent to give delivery of possession.
You are in possession for 20 years.
The Principal may go for a declaration that the sale deed executed by the Agent is null and void. The principal has to file a case for evicting you. You have a defense vide the above clause apart from other grounds to be prepared by your advocate based on the documents available with you.
rajan kumar
(Querist) 23 April 2014
That is a open land.I don't have any related documents on this property except Encumbrance certificate.
