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g v venkatarao (manager)     07 June 2023

Ratification deed

Sir,

I took a vacant site for development of appartment and a development agreement cum gpa is registered in my favour. Later on it is found that the owner has a defective title.

Currently the owner who gave me the development agreement went out of country and will come back only after 3 months.

Is it legally valid as a GPA holder on behalf of the owner( with defective title) if I  get ratification deed  done by the lawful owner to correct the title of the property.



Learning

 6 Replies

Shashank Saxena (Lawyer)     07 June 2023

Yes, it is possible for the General Power of Attorney (GPA) holder to get a ratification deed executed from the original owner.

However, there are certain conditions that needs to be met, which are:

  1. The GPA holder was acting in good faith when they executed the GPA. This means that they must have had no reason to believe that the person who granted them the GPA did not have the right to sell the land.
  2. The original owner of the land is willing to execute the ratification deed.
  3. The ratification deed is executed in a way that complies with the law in India. This means that it must be in writing and must be signed by both the GPA holder and the original owner.

Note: If the original owner is unwilling to cooperate, The GPA holder can file a lawsuit in court to ask the court to order the original owner to execute the ratification deed.

Hope this Helps. For further discussions, feel free to contact. Details are mentioned in the profile.

g v venkatarao (manager)     07 June 2023

Sir,

Thank you very much for giving your valuable suggestion. 

Just to clarify, the lawful owner is a different person from the owner who gave me the GPA. The lawful owner is willing to give his consent to the ratification deed. But the owner who gave me the GPA is out of country.

I request you to please clarify me that as a GPA holder of my owner( with defective title), am I legally allowed to attend registrar office to obtain the ratification deed to be executed by the lawful owner in favour of my owner( with defective title).

Shashank Saxena (Lawyer)     07 June 2023

Hi Venkatarao, Yes the deed can be ratified. However, the ratification deed has to be prepared with due care. Thereafter, you need to get it registered with the registrar.

kavksatyanarayana (subregistrar/supdt.(retired))     07 June 2023

I opine as the owner's title is defective, which defect is this?  Is it a minor i.e.S.No./extent etc.  Then rectification is ok but if the owner's title is with other name or not recorded in revenue records etc, then it i.e.the DA cum GPA shall be cancelled by a court of law.

T. Kalaiselvan, Advocate (Advocate)     07 June 2023

The rectification deed has to be executed by the vendor of the owner in favour of the current owner (buyer).

You may be having a GPA from the current owner, but if that deed is not covering this act, then it would be improper and incorrect on your part to accept the rectification deed on behalf of the owner.

You are not authorised to accept this nor this is a part of various tasks assigned to you in the development cum GPA.

There's already a subsisting error, why do you want to create another error from your side.

You can wait for the owner to return or ask him to execute an additional GPA for this purpose exclusively.

Dr. J C Vashista (Advocate )     08 June 2023

Since executant of GPA has no (defective) title as stated by you, he has no right, interest or claim hence the GPA is just a waste paper.


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