Notarisation of POA used in surrender deed and suseqent lease-deed of the immovable property.
Milind Phope
(Querist) 14 January 2011
This query is : Resolved
Case is ...."A" has given POA to "B" on 21/7/2003.. At the time of signing it,in her residence,in sick and bedridden condition..This was done to make her surrender,her sole right in plot of land and ,to create equal share of "A" and "B" by a fresh lease-deed....At the time of "A" signing this POA at her residence,only the family doctor and an advocate were present....Nobody from either (this two) witnessed this POA or gave a medical certificate...From there they went to registration office,where the POA was noted by "B", attested,by a Notary sitting in Sub-Reg,'s office and was attached to surrender-deed and instantly ,was registerd and then, the next document(Lease-deed) was made and signed by "B" as an attorney and got registerd....
( Later "A" expired on 6/6/2004)
..Later when signature of "A" was challanged on forgery charge in 2005 to Society + in 2009 to IG Registration and in 2010 to Maharashtra CID Police enquiry,.. this whole process exactly as happened ,was confirmed by "B" ,`in written statement to Police in presence of Senior PI ranked CID police officer(Senior PI endorsed it and signed it) on 25/10/2010....READERS ,PLEASE KEEP ASIDE THE FORGERY CASE,BUT....
My querry... "WAS THE REGISTRATION of the above POA,Surrender-deed and Lease-Deed, LEGAL, in 2003" ?.... and if yes "HOW"?
( Pl see Signatures are attached)
Devajyoti Barman
(Expert) 14 January 2011
The POA and the surender deed iis not legal and consequently the lease deed is also not valid.Those have no legal standing.
Milind Phope
(Querist) 15 January 2011
IF THE NEED BE,BOTH THE SIGNATURES OF ABOVE POA CASE ARE ATTACHED for your observation and if possible,views.
