stmaping of document & signing on it
Sumit Shingala
(Querist) 16 May 2009
This query is : Resolved
Normally, Any document which requires stamp duty, is first stamped by way of franking, and then signed/executed.
I have a query that i had an agreement which was formed by two parties. Due to mistake, one of the party signed the document before it could be franked for stamp duty. The document got franked thereafter, even through it was signed by one person. The other person signed that document after franking.
Whether such document remains valied or it needs to be corrected
My Second Query is Whether a Gerneral/Special Power of attorney concerning to carry out a business, has to be "COMPULSORILY" Notarised ? or such document without notarising is a valid and enforceable document.
Ashok Kumar Garg
(Expert) 16 May 2009
Mr Tripathi is absolutely correct.
Ashok Garg
A V Vishal
(Expert) 17 May 2009
Dear Sumit
If part one has not mentioned the date while signing the document before franking, the document is valid.
Answer to query 2 is Yes the document has to be registered and mere notarization is insufficient. Non registration will lead to defects which are inherent and arising out from non registration.
N.K.Assumi
(Expert) 17 May 2009
Dear Members, once the documents is registered does it amount to conclusive proof of an evidence?
Sumit Shingala
(Querist) 17 May 2009
Dear Mr. Vishal,
With whom this GPA is to be registerd ?
How can this registration can be carried out ?
Sumit Shingala
(Querist) 17 May 2009
Dear Mr. Vishal,
With whom this GPA is to be registerd ?
How can this registration can be carried out ?
A V Vishal
(Expert) 17 May 2009
Dear Sumit
The registration has to be carried out with the registration deptt before the Sub Registrar or Registrar, Contact your local advocate for the process
Uma parameswaran
(Expert) 18 May 2009
It is mandatory that the POA should be Notarised by a Notary.
A V Vishal
(Expert) 18 May 2009
I beg to differ that a POA has to be mandatorily notarized, in fact I suggest that it is mandatory to have it registered as described in S.32 & S.33 of the Registration Act to be recognised as valid and conclusive proof of evidence
