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kpmkumar   29 January 2015

Poa ratification

I was planning to sell my property in Kerala. But when the buyers verified the docs through a bank lawyer, they informed that there is lack of clarity in the power of attorney given by the previous land owner(from Mumbai, executed in 2006). That POA was registered in Mumbai and survey numbers (for multiple properties) were mentioned but the extensions were not specified. According to the previous owner, who had executed the POA, his name, the survey numbers of properties (12 survey numbers), village/taluk etc. details are clearly mentioned in the POA for which he wanted to execute the POA.But the extensions are not mentioned in it since he executed this single POA, by authorising his sister in Kerala, for selling all his properties.  So according to him & his lawyer, there is no issue in the POA, since it is not executed for selling a specific area of his land within the mentioned survey numbers, but all the properties belongs to him, with the specified survey numbers, in the specified village. He is not in a position to travel from Mumbai due to health issues (aged person). By considering all these factors, it would be very helpful if any expert could provide a solution. Thanks for your valuable time, in advance.


 9 Replies

Jayashree Hariharan (Advocate)     29 January 2015

True, it is not necessary to provide the exact extensions in the POA because 1) it may be for sale of all survey numbers together (if the buyer wishes) 2) POA is for the purpose of showing the world that the person has the right to sell. You don;t have to worry, since it is registered POA. Please convince your buyer the same.

1 Like

kpmkumar   29 January 2015

Thanks for your valuable time and reply.

Dr J C Vashista (Advocate)     30 January 2015

The Attorney has no powers to sell the property until it is specified in the document, which is to be perused.

Besides this, the attorney is not the  owner/title holder of the property, seek legal services of a local lawyer.

1 Like

Adv k . mahesh (advocate)     30 January 2015

poa should contain the details of having right to sell the property with details of the property with all the relevant survey numbers in detail because in future no litigation should not arise that why in poa all the details should be mentioned

1 Like

kpmkumar   31 January 2015

Dear Dr. JC Vashista & Adv. K Mahesh, All other details are clearly mentioned in the POA. Thanks for your valuable time and reply. 

T. Kalaiselvan, Advocate (Advocate)     01 February 2015

It should be noted that the intention of an individual to authorise his power agent to sell his property on his behalf is to mitigate the difficulties to the same by him on his own. However once the arrangement is made it should be ensured that it is properly made as per law abiding by the laid down procedures on that aspect.  In your case though the POA deed contains the the survey numbers of the properties intended to be sold through that deed, as rightly observed by the bank or the buyer's lawyer that the deed suffers clarity of the property if the check boundaries of the properties are not mentioned in the deed.  The check boundaries will identify the properties and its extent properly as per the survey numbers held by the revenue department.  A sale deed cannot be executed and registered without mentioning the check boundaries of the properties intended to be sold in that particular survey number.  Therefore, a rectification or a fresh deed may be executed to avoid unnecessary complications.

1 Like

kpmkumar   03 February 2015

Dear Adv. T. Kalaiselvan, Thanks a lot for your comment. In the sales deed (signed by the power agent- original owner's sister), full details of the land have been mentioned clearly like boundary, extensions, survey number and re-survey number regarding our land etc. Another person who bought the land under that POA (just like us) had contacted the Mumbai registration office and verified that POA. The POA is still active and valid. Today he has gone the registration office in Mumbai and collected the registered copy of the POA (gone with the original owner, who had executed the POA). We had tried to get a registered ratification of the POA with the extensions and other details of our property and certifying our ownership on the property by the original owner who had executed the POA as well from the Mumbai registration office, through them. But the registration authority informed them that since a valid POA is still active there, no need to register any affidavit on that. So the authority didn't register the affidavit. According to them there is no issue with the POA.  Looking forward for your comments on this. 

T. Kalaiselvan, Advocate (Advocate)     03 February 2015

What are you talking about?, an affidavit?, why at all there is a requirement for an affidavit?, The POA deed does not contain the identification of the property  proposed to be sold through it, i.e., the check boundaries are missing in the deed, hence a rectification deed to the PIA or execution of fresh POA by revoking/cancelling the existing POA deed with full details of the land, its extent and check boundaries identifying the property intended to be sold will be a proper and reliable document authorising the agent to transact with the property as desired by the principal.

kpmkumar   03 February 2015

Regarding affidavit : This one was prepared by a lawyer from Kerala, which was titled as ' Ratification Deed' which mentions the the full details of the property sold to us, by referring to the POA details and the sales deed executed and mentioning as he (the original owner who has executed the POA) has no right over the property further and I'm the absolute owner of the property. And the lawyer asked to get it signed and registered at the Mumbai registrar office by the original owner. Looking forward for your comments on this.

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