Registration of flat in ahmedabad by poa & co-applicant
CLEMENT PHILIP
(Querist) 30 September 2015
This query is : Resolved
Sir
We have jointly booked a flat in one of the Prime Developers in Ahmedabad. My wife is the primary owner and I am the secondary owner (co-applicant). I have availed a Homeloan in my name from a financial institution for this flat.
The Promoter/developer has informed me that the flat is now ready for registration and we have remitted the stamp duty etc. and the date of registration has also been fixed for the first week of Oct15. Accordingly, we have readied all the documents required for the registration of the flat. As my wife is unable to travel with me, for the registration, I have requested for the format of a Power of Attorney to be notorised in Kerala in favour of me and taken to Ahmedabad. Now the Developer informs me today that we cannot goahead with the registration with the Power of Attorney and we both need to be present for the registration. I am totally surprised at this and we have to cancel my flight ticket to ahemdabad which will involve huge loss.
Please let me know, is there any other options available to me.
Shall be grateful for your immediate response.
P. Venu
(Expert) 01 October 2015
You may get the power of attorney drawn up by Notary in Kerala and get it duly registered.
M V Gupta
(Expert) 05 October 2015
Not clear why the Developer has stated that you cannot sign the agreement for sale /sale deed on behalf of ur wife as her POA holder. IN fact POA is given by persons who are not in a position to sign the document and appear before the Registrar for admission of execution. Section 2 of the Power of Attorneys Act 1882 provides that when an instrument is signed by the person duly authorized by the POA such instrument shall be as effectual as if it had been signed by the person giving the power. Hence do not cancel ur ticket and proceed to Ahmedabad and there u may tell him the above clear provision of law. Please ensure that the POA given by your wife contains power not only to execute the document (clear description of it should be given)but also to present it for registration and admit execution thereof on her behalf.
