Esha Pradeep 20 June 2023

Sale deed-can a authorized signatory (not power of attorney) sign under "attorney of the vendors"

Hi All,

I have the below query. Kindly guide/help.

I am planning to buy a property from a Land Developer who has General Power of Attorney, in the name of Mr.X. The Power of Attorney has been given by three different land owners to Mr.X.

But in the sale deed there is another person Mr.Y who has been named as an Authorized Signatory. The are saying Mr.X will not sign the Sale Deed. There has been no documents shared with us regarding this Authorized Signatory.

Question 1: Can a Authorized Signatory sign under Power of Attorney in a Sale Deed.
Question 2: If question to 1 is yes, what documentary proof should we ask? Should this authorization document be part of Sale Deed?

Thanks,

Pradeep

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5 Replies

Real Soul.... (LEGAL) 20 June 2023

All the perosns should sign the sale deed and you must demand caopy of POA or authorization for signatories.

Advocate Bhartesh goyal (advocate) 20 June 2023

Sale deed should be signed by either land developer or by general power of Attorney holder but can't be signed by alleged authorized signatory who has no written document. It is pertinent to clear that the general power of Attorney holder can't deligate his power to another person unless there is specific clause permitting sub delegation.

T. Kalaiselvan, Advocate (Advocate) 20 June 2023

1. The authorised signatory cannot sign or execute the registered sale deed on behalf of his boss/builder, it is an illegal practice and if disputed about this at a later stage, then this execution would not be legally maintainable.

2. When the authorisation itself is not legally valid then the subsequent question does not arise.

Esha Pradeep 20 June 2023

Thank you Mam, for your kind reply!

Pradeep (IT) 20 June 2023

Real Soul.... - Thank you Mam, for your kind reply.
Advocate Bhartesh goyal - Thank you Sir, for your kind reply.
T. Kalaiselvan, Advocate - Thank you Sir, for your kind reply.