MISPLACED POWER OF ATTORNEY

4 years ago

We are two brothers and two sisters. I and my wife (jointly) purchased a Residential plot in Uttarakhand from my mother through a Power of Attorney given by her to my father in the year 2002.(over 15 year's back). The Sale deed copy is available with the Sub Registrar Office but without the copy of Power of Attorney. Unfortunately both my parents expired 6/7 years back. Now we intend to sell the said plot and do not have a copy of the Power of Attorney. As a buyer would like to have a clear title of the property (plot) with no future legal issues I request you to kindly advise my further course of action. Incidentally, it is learnt that Delhi High Court has passed an Order in 2019 {256 (2019) Delhi Law Times 61}, RFA No.906 of 2016 - Decided on 13.12.2018 ; (ii) Limitation Act, 1963 - Article 65 - Partition suit - With respect to such suit, Limitation will be period of 12 years as per Article 65. Therefore, not having a copy of the said Power of Attorney with my sale deed would render the sale of the said plot as legally right or not? Your response and legal advice shall be solicited. Regards.