Schedule is wrong in poa and sale deed.

Dharshan (Querist) 27 April 2024 This query is : Resolved
Hello Sir,

Power of attorney was executed in year 1997 and schedule measurement mentioned is 1800 SqFt and in sale deed it mentioned is 1200 SqFt. Now attorney holder is dead.

will the sale deed will be vaild or defect. pl advice

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A discrepancy exists between the schedule measurements in a Power of Attorney (1800 SqFt) and a subsequent Sale Deed (1200 SqFt), with the attorney holder now deceased. The Sale Deed is generally considered valid as the title deed is the primary document. However, to rectify the error, a registered rectification deed must be executed by the previous owner or their legal heirs.

T. Kalaiselvan, Advocate (Expert) 27 April 2024
Power of attorney deed is not the authority for the schedule of property.
The link title document is the base.
You first ascertain the actual extent of property that is mentioned in the registered title deed and compare it to your sale deed.
In case of an error then it will be previous owner or in the absence of the previous owner, the legal heirs have to execute a registered rectification deed to rectify the error.
When did you purchase the property?
What were you doing all the while?
Did you obtain a legal opinion then?

kavksatyanarayana (Expert) 30 April 2024
If the Power of Attorney Principal (owner of the property) is alive he can or if he is no more his legal heirs can execute a rectification deed.

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