Power of Attorny

Guest (Querist) 23 May 2009 This query is : Resolved
Two brothers are joint owner of a land. One executed in favour of other Power of Attorney (including power to sell). But POA was not registered, it was notaried.
Second brother (holder of POA) sold the property to one Mr.A. through registered deed.
What is the validity of the sale?
whether the sale deed is valid?
if not what is the proceedure to rectify it?

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n.k.sarin (Expert) 23 May 2009
Mr. jewel ,The sale deed is valid only for half of the land.

Swami Sadashiva Brahmendra Sar (Expert) 23 May 2009
Dear sarin ji ! your reply is in accordance with s. 44 of TPA. in the present issue, in my opinion, s 44 has to be read in consonance with ss 41 and 43 of TPA and the transferor is to be treated as austencible owner. Defect in his authority if any, can be cured by ratification of transfer by his brother.

Y V Vishweshwar Rao (Expert) 24 May 2009
I agree with Shri Tripati ji !

There is POA but it is irregular/not registered , there is inherent power to other brother to sell the proerty-( half share plus half share )

There is no dispute regardign sale by brother . The other half share holder / brother can execute and Register the Sale Ratification deed in favour of the purchaser !

SANJAY DIXIT (Expert) 24 May 2009
Which state?
As the rules for registration and POA varies from state to state.

Guest (Querist) 24 May 2009
Ref: State of West Bengal
Thanks to all
Mr. Y VV Rao, can you give little more details about sale ratification dee.
Like stamp duty payable & proceedure etc.?

adv. rajeev ( rajoo ) (Expert) 24 May 2009
In karnataka state if PA is executed in favour of relatives then registration is not compulsory, it varies from state to state.
So please refer the stamp act. If regn. is not necessary then sale will be valid.

Guest (Querist) 24 May 2009
can you give little more details about sale ratification dee.
Like stamp duty payable & proceedure etc.?

Guest (Querist) 26 May 2009
Dear R. Sivasubramanian
My query was relating to Ratification DEED.
not Rectification.
Can any one give any idea about registration proceedure & stamp duty on Ratification Deed?