Flavia Dsa (Home) 29 October 2012

Modification of spoa after notary

I'm planning to purchase a property, for which the husband has given a Special Power of Attorney (SPOA) to the wife for the sale of the property, which has been notarized. This SPOA has an account number (which is a joint account) mentioned towards which the sale of the property would go to. However, they would like to receive the proceeds of the sale into just the account of the wife, and plan to make the changes in the notarized document by signing at the place of the change. Would like to know if this is a valid practise and can it be accepted. Or should they create a new SPOA for the same.

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3 Replies

ankur tripathi (Asst Manager) 29 October 2012

Till my knowledge a registered POA works in such cases and secondly you cannot correct the POA as its a wrong practice. Thirdly please take the concent of the husband as he may file a case asking for his part of the money. There is some foul play ... Please check the chain of agreements too! and see whether the lady has the orignal agreement with her.

Advocate Vishnu (Advocate) 29 October 2012

Dear Flavia Dsa,

Pl avoid purchase of property from POA holders as the Supreme court has clearly said that sale of a property using a POA is legally invalid. If you are planning to buy the property , pl ask the husband to come in person before the sub registrar's office , so that you avoid any legal problems in the future.