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Prathamesh (Service)     20 July 2014

Backdated poa

We had bought a flat about 15 years back from a relative( Sale deed done in 1999 in Absentia of buyer by the husband ).  We did not do mutation that time; and when we wanted to have the mutation done now it seems that the POA is missing ( from Wife to husband ).

While the house is in name of Wife; the husband did the sale deed.The wife has agreed to give a new POA.   Can she backdate the POA from 1999 ?

Thanks for the help. Please suggest if there is some other way to fix the issue.



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 5 Replies

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

Normally, a POA cannot be backdated. A copy of the original POA must been attached to the Sale Deed at the time of its registration. You can use the above copy for mutation.

Alternatively:

  • You can issue a fresh POA along with an affidavit for mutation.
  • If an old stamp paper is available, you can try to create an old POA.
  • You can make a fresh POA with back-dated authority, ratifying the husband's past dated purchase. This is irregular but should suffice in the circumstances.

Thanks and best regards, Suneet

1 Like

Prathamesh (Service)     21 July 2014

Hi

Thanks for clarification provided.  One more question on this

Can we go ahead with a new sale deed with wife ? Since the money is already paid, it will be without consideration.  I know there will be cost associated with it (Stamp Duty / Registration).

Will the old "Sale deed" have any impact on it ?

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

Please do  not go in for a duplicate or new Sale Deed at this point. It will only create confusion and lead to complications including Stamp Duty payable,, Income Tax rules, etc. The buyer will become liable for paying Income Tax on the purchase amount as per current valuations, and you may be liable to deduct TDS.

It is better to ratify the old deed by the wife, since it is in her name originally. This can easily be done by submitting an affidavit to the effect to the concerned authority.

Prathamesh (Service)     22 July 2014

Thank you for the advice. We will go with your suggestion of having a fresh POA issued along with an affidavit .  We will also ask the concerned authority about what will be most acceptable to them.

T. Kalaiselvan, Advocate (Advocate)     22 July 2014

Ratifying the acts of power agent by the principal will be the better option for the present.  Any short cut method than the legal options may land you up in troubles.


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