Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sweet Sweet   10 October 2023

Rectification deed with poa for unapproved plot registered with wrong survey no and seller

Person A is the land owner of survey no 10/1 and an agent (General Power of Attorney with permission to sign and register sale deed on behalf of land owner X for survey number 10/2 and land owner Y for Survey number 10/3) for the adjacent lands with survey numbers 10/2 and 10/3. They made plots on  10/1, 10/2 and 10/3 survey numbers together and sold it as a Nagar. It was an unapproved layout.

Person A has the authority to sign and register all the plots from that layout as land owner for plots from 10/1 and as a Power of attorney for plots from 10/2 and 10/3(principals are different  for 10/2 and 10/3). When he sold a plot in survey number 10/2 to Person B in 2013, he registered the document as that plot is from survey number 10/3(different land owner), instead of registering it as agent with Survey number 10/2. 

Person B did sub division from proper survey number 10/2 for this plot and obtained patta in 2015 though the property document had wrong survey number 10/3. Person B sold this plot to Person C in 2020. Now the Person C notices this mistake that instead of Person A registering the document as Power of Attorney with survey number 10/2, registered it as it is from his own land with survey number 10/3(though he should have registered it as agent). The plot is unapproved. One of the principal of 10/2 survey number died in 2022. So the power got cancelled for 10/2 survey number.

In September 2023, Person A(Agent) registered General power of attorney for unsold plots from survey numbers 10/2 and 10/3 from the respective principal owners and recieved DTCP and RERA approvals.

Since the Person A (Agent) received power of attorney again for the unsold plots and RERA approvals are in place, can he sign and register the rectification deed on behalf of the land owners of 10/2 to correct seller A as agent and include principals name of 10/2 and rectify survey number to 10/2 from 10/3 for this plot in the first transaction document. Please clarify.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     10 October 2023

He can sign the rectification deed on behalf of the new owners/legal heirs of the particular survey number 10/2 in order to rectify the error.

1 Like

Sweet Sweet   11 October 2023

Thanks, Sir.... But the new General Power of Attorney document is only for unsold plots, not for the rectification deed of plots already sold using old general power of attorney document. He can still sign the rectification deed on behalf of the new owners/legal heirs of the particular survey number 10/2? Please confirm.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register