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S Radhakrishnan   21 September 2018

How do i get a copy of the power of attorney in kerala?

I had bought a piece of land in Trivandrum, Kerala in 1995. The sale deed was duly registered, all procedures done and I have all the necessary possession, location etc. certificates. Also I have been paying the land tax every year. I hace a 30-year non-encumbrance certificate too.

I now want to sell the land and have found a buyer. His lawyer scrutinized all the documents and found everything in order excet that ONE document was missing. I had bought the land from the owner through a person to whom she had given the Power of Attorney ("Sarva Mukthiyar" in Malayalam). All the details of the Power of Attorney are mentioned in the sale deed but the copy of the Power of Attorney is missing.

As the sale deed took place almost 25 years ago it has become impossible to trace the owner or the person to whom she had given the Power of Attorney. What should I do? A local lawyer here in Trivandrum tells me that only the person who has the power of attorney can ask for a copy from the relavant authority. Is this true? As I cannot find either the owner of the land or the power of attorney holder what should I do? If I am unable to get the copy of the Power of Attorney does it mean that I will be unable to make any transactions on the pand?

Please help.

Thank you.


 1 Replies

BAALASUBRAMANNYAMM (Advocate)     21 September 2018

A "Certified Copy of Power Attorny" can only be given to a  person, in whose name the Power of Attorney stands, but the authority will not give the said copy to any others. Even in the absence of such Certified Copy, you can sell your property, relying upon the other property documents and as well as 30 years Encumbrance Certificate. It is not a big issue. 

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