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I have purchased a property within the municipal limits of Shimoga.  As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered.  Later on I came to know that the presentation should be either by the executant or claimant or only a duly authorized agent through power of attorney.  I have not given any power of attorney to my friend.  I am told that the registration is invalid.  Please advise me.

- by Shankar, Sunkadakatte

Section 32 of the Indian Registration Act, 1908 stipulates that the document has to be presented for registration by the person executing or claiming under the document or their duly authorised agents by power of attorney, except certain cases as provided in Section 31, 88, 89 which are not applicable in your case.

Section 23A of Indian Registration Act provided for re-registration of certain documents. The Sections covers documents which are accepted for registration presented by persons other than authorised persons. In such case, any person claiming under the said documents may opt for re-registration. The time limit is four months from the date on which he becomes aware that the registration of the document presented by unauthorised persons is invalid. The documents may be presented for re-registration in the office of registrar of the district in which document was originally registered. If satisfied as to the circumstances, the registering authority will re-register the document as though it has not been previously registered, and such re-registered document shall be deemed to have properly registered for all the purpose from the date of its original registration.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:-
My brother had purchased a site from his friend. The site was allotted by BDA and the allottee had lease cum sale. The seller, has received the full consideration and has executed a registered general power of attorney in my favour. He has acknowledged the  receipt of full consideration by way of an affidavit which is notarised. Also When my brother pur- chased the site, it was still in lease period, and BDA has not executed the absolute sale deed.
But, my friend has received a legal notice from the allottee stating that power of attorney is cancelled and he intends to sell the site to others. What is the remedy?


Q:- Whether the General Power of Attorney requires franking or registration?  Can the GPA holder attend the Sub-Registrar’s office for registration of GPA on behalf of the executant of GPA? What charges are payable for registration of GPA?

Q:- How do I make Power of Attorney?

Q:- My father is a General Power of Attorney holder in respect of property at Kengeri.  The khatha stands in the name of my father as holder. He is paying the taxes regularly and receipts are issued in his name. But many people say that he is not the owner of the property but he may sell it to any other person and get it registered in purchaser’s name. As we want to retain the property, can my father sell and register the property to me. Please advice?

Q:- My uncle has given Power of Attorney to his friend to develop certain properties, negotiate and sell them. He has also received the consideration.  The stamp duty paid on Power of Attorney is Rupees One Thousand only and the Power of Attorney is not registered. The Attorney holder has developed the property and has sold to various purchasers. But, now my uncle wants to gift some portion of the said property to his sister. Since the stamp duty paid on Power of Attorney is only Rupees One Thousand and not as per sale deed and is not registered, can my uncle claim the sale deeds executed by his friend, Power of Attorney holder, as irregular and not enforceable and gift the property to his sister.