Rectification deed - living certificate for poa issue

vijay star thalapathy (Querist) 09 August 2021 This query is : Resolved
Dear Sir,
Seller had a power of attorney and sold to the buyer, later we found that there is clerk mistake by adding additional survey number to the document which was actually not in mother document, now the seller with POA accepted to rectify the document but the power issuer is not signing to provide living certificate. How to handle this issue? Kindly advise. Is living certificate really required for the rectification deed? As the Powe owner is ready to do the rectification deed..

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A seller's power of attorney (POA) holder mistakenly included an extra survey number in a sale deed. While the POA holder agrees to rectify the deed, the original power issuer is refusing to provide a 'living certificate'. The core issue is whether this certificate is necessary for the rectification, especially since the POA is still valid and the holder is willing to sign. Advice suggests consulting a lawyer and exploring alternatives like a notarised affidavit from the POA holder confirming the principal is alive, which may satisfy the Sub-Registrar's requirement.

Dr J C Vashista (Expert) 10 August 2021
What do you mean from the connotation of "living certificate" ?
Where is the requirement of such a certificate ?
If PoA (which is still in vogue) is willing to get rectification deed registered what is the requirement of involving the erstwhile vendor. ? Not required.
Consult your lawyer who is well aware about the facts of case.

Advocate Bhartesh goyal (Expert) 10 August 2021
Yes, if poa holder is ready to execute rectification deed then get it registered .

P. Venu (Expert) 10 August 2021
What is the source of your information that "living certificate" is a pre-requisite?

kavksatyanarayana (Expert) 10 August 2021
Who asked you for a living certificate? Is this Sub Registrar or someone else? If the POA is a very old one, then the Sub Registrar can ask for such a living certificate as the POA is in force or not. But the POA holder can give a Notarised Affidavit that the POA principal (owner) is living at present. It is sufficient for the presentation of the Rectification deed to whom it may concern.

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