Aditya (Software engineer) 05 April 2015

Special power of attorney

Hello,

I am planning to purchase a piece of land, I checked the papers of it.

The owner holds SPA(Special Power of Attorney).

Surprisingly, the SPA does have a mention of his name in the document text, but, the SPA doesnt have his photo,

The SPA doesnt even have his signatures.

The SPA does have the photographs and signatures of the previous seller & witnesses , but photo & signatures of the current attorney holder are not there.

How do I check the authenticity of the documents. Is it possible, for the SPA to be done, without the signatures of beneficiary attorney holder

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4 Replies

Jayashree Hariharan (Advocate) 06 April 2015

Hope it is registered, since all POAs dealing with immovable property should be registered.

adv. rajeev ( rajoo ) (practicing advocate) 06 April 2015

In view of the supreme court decision SPA/PA is compulsory registrable document, if it is not regd., then don't go for purchase.

Advocate Ravinder (Advocate/Attorney) 06 April 2015

Unless you send all the scanned copies, it is difficult to give legal opinion. Send all the scanned copies to my email id ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate) 10 April 2015

The unregistered power of attorney deeds are not valid in law. The signature and photo aspects are not understood especially without seeing the document no opinion can be given to it. It is better consult a local advocate and take his opinion on all such issues.