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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 July 2015

Property law

Dear Learned Experts,

 

Kindly clarify me on some points. Lets suppose a Relinquishment Deed is made on the basis of the Special Power of Attornery and the Special Power of Attorney was itself forged and fabricated. Could getting the Special Power of Attorney be cancelled is sufficient for our purposes to set aside the RD and mutation done on the basis of the RD?

Court fees be payable in such a situation?

Writ of Mandamus against the registrar is a good option for getting the Relinquishment Deed registered on the basis of the Unrecorgnised SPOA as required to be done under Section 32 and 33 of the Registration Act, 1908?

I beleive getting the Special Power of Power of attorney cancelled would per se on the face of it would affect the RD and transaction done thereafter on the basis of the SPOA, because the SPOA was the base document of all.

Thanks in advacne ...

 

Kapil Chandna

 



Learning

 1 Replies

Kumar Doab (FIN)     06 July 2015

The sections of the Act lay down that:

 

 

“power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

 

be compared and verified by such official as may be directed by the Registering Officer”

 

If the SPOA of the principle was forged then it can't lead to any efect.

 


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