General Power of Attorney related to Property
10 months ago
I was shown a General Power of Attorney document that was signed, executed, and notarized on 21-Oct-1996. However, the contents of the General Power of Attornet document is referring to an event , date of registration of actual property as 21-Jan-1997.
Given the GPA document has a date that is earlier than an event described in the document does the GPA become invalid in court of law?
Appreciate your valuable legal inputs
Sec. 33 of the Registration Act states that the ‘power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar’ is necessary for presenting the document for registration of immovable property.‘ If a power of attorney is executed in respect of an immovable property of value more than Rs100/-, it must be registered by the Registrar/Sub-Registrar. Authentication by a Notary Public is sufficient for a Power of Attorney. However, if the Power of Attorney is for the registration of a document, then it must be a registered A PoA is to be prepared on stamp paper, as prescribed under Section: 48 of Schedule 1 of the Indian Stamp Act, 1899. GPA has to be registered before a sale can be made on its basis. No conveyance is possible through an unregistered GPA. Notarization of GPA is not equivalent to registration. The sale is illegal if the GPA is not registered. The execution and registration of sale deed on the basis of notarised GPA is invalid, this has been upheld by the Supreme Court in the case of Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another. Therefore the transaction can be held invalid and the sale deed can be declared as null and void.
Anonymous
Replied 10 months ago
Thanks so much for your inputs.
The General Power of Attorney has been prepared on Stamp paper and notarized. A sale agreement has been registered along with this General Power of Attorney with the Sub registrar's office. So I assume the General Power of Attorney is properly registered.
Now the question is - The contents of the General Power of Attorney document is referring to an event , date of registration of original sale deed of earlier owner as 21-Jan-1997. However the General Power of Attorney was notarized on 21-Oct-1996
Given the GPA document has a date that is earlier than an event described in the document does the GPA become invalid in court of law?
Legal Counsel Vidhikarya
Replied 10 months ago
Dear Client,
What has been stated earlier in response to your query, it is to inform you that GPA is a document that is executed in favor of an Attorney empowering him to do or act or deed on behalf of the Exececutor on the basis of that document. If the GPA is executed mentioning an act which is done earlier before the execution of the POA then such a document is invalid being defunct and unenforceable in the eyes of the law.
POWER OF ATTORNEY
Registration of Power of Attorney for deemed membership to association
Need for registration of Power of Attorney for deemed membership
Validity of GPA
GPA for Donee Accepting Immovable Land Gift Deed
