Civil Procedure Code (CPC)

Execute release deed at another register office from power?

This query is : Resolved 
 

Online (Querist)
18 June 2021

I am the Power holder of a property that belongs to Register office1

The principal is alive and he is not a proper legally owner

can I sign the release deed to the original landowner for that property?

if yes then, is it possible to execute the release deed from some other Register office2? because i don't want to visit that worst Register office1

kindly Answer





SHIRISH PAWAR, 7738990900Online (Expert)
19 June 2021

Hello,

If you are the power of attorney holder executed by the person who is not the legal owner then the transaction based on the said power of attorney is void.

You can register the document in any of the sub-registrar offices of your taluka jurisdiction.

Advocate Bhartesh goyalOnline (Expert)
19 June 2021

When principal is not a owner of property how he authorised and gave power of attorney to you? On the basis of such power of attorney if you execute any release deed or document then such release deed /document is not only void but also you have to face criminal cases.

Shashikant V. PatilOnline (Expert)
19 June 2021

Your power of Attorney itself is void and not legal as the person who execute all rights and power of the property mentioned therein is not owned by the person who executed POA in favour of you. Better keep your self cautious .

kavksatyanarayanaOnline (Expert)
19 June 2021

You stated that you are the power holder of a property but the owner is not a proper legal owner. Then why did you accept to take Power from him? After knowing the fact why did not tell the fact to the proper legal owner? When the power is given, the question of the release deed does not arise. if you are not interested, then do not act as an agent as a power holder.

T. Kalaiselvan, Advocate Online (Expert)
20 June 2021

First of all you should confirm that if you have been authorised or not to execute the registered release deed in respect of the property that you refer.
If the schedule of property is not finding a place in the POA deed given to you, then you are not authorised to carry out the task pertaining to that property which has not been included in the POA deed.
Further, you may have to abide by the law and cannot act on your own stating that since you do not like that registrar hence you are not willing to do the registration task from that registrar's office.
If the proeprty is located within the jurisdiction of that registrar then you have no option than to do it from that office alone.

Dr J C VashistaOnline (Expert)
22 June 2021

The power is void if granted by the person who is not owner / entitled.
Vague and confusing facts have been posted, re-frame and re-post.



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