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Saahil Gupta (Service)     26 January 2010

Sale Deed Executed by Notary Power of attorney

Hi,
Mr X has 250 sq yds Plots in Delhi Rajapuri for which he has sale deed of 2005.


He sold 118 Sq yds out of 250 Sq yds to some one  in 2007.


Then he (X) gave notary power of of attorney of rest of the plots 135 Sq yds and all original papers to Y in 2008.


Then in May 2009 He sold me (Z) a plot of 50 Sq yds which was part of 135 Sq yds by a Sale Deed.


Then Y ( owner of power of attorney) sold 135 Sq yds to P by sale deed in September 2009.


Now there is conflict between me (Z) and P about the title of property as my 50 Syds plot is in 135 Sq. Yds.


Mr X has ran away.



Learning

 6 Replies

niranjan (civil practice)     26 January 2010

Y has played mischief with P.P can file police complaint against Y.You may file suit for title declaration against P and Y as your document is prior to P.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     28 January 2010

I agree with Niranjan Sir, The document which is first to have been executed would stand good and would hold better title

rajkumar.vnm.marupeddi (advocate)     05 February 2010

A sale deed can be executed and registered by a power of attorney holder provided the said General Power of Attorney deed is registered. With the help of a Notarized Power of Attorney, a  sale deed can not be executed and registered. I am of the opinion that once the principal does any act inrespect of which a power was already(earlier) given, it implies that the said power is deemed to have been cancelled. You file a suit for declaration and agitate your rights and seek for the cancellation of registered sale deed. There are chances of winning case by exposing legla technicalities

V.RAJESHWAR (Advocate)     15 February 2010

i agree with rajkumar sir, as per sec.32, presentation of sale deed for registration by power of attorney holder must be registered in the manner mentioned in section 33 of Registration Act.

rajeshwar.v

Rajendra Kumar (self employed)     22 February 2010

In the similar type of case I want to know that whether the power of attorney is to be registered compulsorily in all cases. Pl guide me that what will be the stamp duty for A General Power of Attorney given by sister to his brother. And what will be the Registration fees for getting it registered in Mumbai. Secondly whether a General Power of Attorney can be given by a person to two persons in a single document of General Power of Attorney. What are the provisions for consideration received under the sake of immovable property under the registered power of attorney.

Ali (Sr Soft Eng)     20 April 2010

Hi,
I am Ali Shah from Pune MH, I have a flate in Pune and Me and my younger brother is the owner of this flat. We both are agreed to sell this flat  but my younger brother is now in US.


So My question is :-

Am I do a notrise Power of Attory in favor of me and my brother in pune and send this POA to US for younger brother sign. Will by doing this Am I able to sell our flat.

I am Co-Applicant and My brother is Applicant of this flat.

 

Please let us know by laws, what we have to do.

Thanks
 


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