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Ankit   01 September 2019

Sale deed via poa

Hello, 

Can anyone share a reference to a judgement in the following case

The Issue - The seller had executed the sales deed via a POA while after the sales deed got executed and registered, the seller has challenged the sales deed quoting that the "The Power of Attorney had not been given and the signature on the POA is not his"

Where the POA has also been executed under the sign of a magisterate along with the witnesses. 

Thanks



Learning

 2 Replies

Real Soul.... (LEGAL)     01 September 2019

Just challenging the POA does not make it fake, if that is registered before the registrar and was valid(was not revoked until  it was acted upon)  on the day of executuion of sale deeds, you need not to worry. Just need to call the witnesses in POA to prove the fact.

Ankit   01 September 2019

The witneses are not accessible, as the POA had been executed 25 yrs back and the judicial matter is already pending in the court of law since 25 years, which currently has been admitted in HC so can you provide reference to any ot the old judements where the matter is relatable. 


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