Take 30 years title search obtain in writing from lawyer that title is clear and marketable
2)for execution of deed of rectification presence of both parties is essential
3) POA cannot be rectified
Poa
Dear Sir/madam I am looking for a land in chennai. I am about to make agreement with the vendor now but I found there is a mistake in GPA which was registered in 1982. Let me go from the present vendor... 1. Property registered in 2006 from E to D for plot no X referring to the document registered in 1982 - is good in all details. 2. Property executed in 1982 from D to C for plot no X referring to POA from agriculture land to convert into plots. in the POA they are referring a document which is initially submitted for registration in 1977 and it was registered in 1979 and having registration number Y. 3. AS I stated above the document submitted for registration in 1977 and got registered in 1979 with registration number Y/1979. The main issue is everywhere the document number is reflected as Y/1977. Querry : 1. My vendor who is in present possession of the property regd in 2006 document is simply referring to document 1982 only and no where Y/1977 is reflecting. Can I proceed to buy this property. 2. Is it possible for my vendor to ammend/rectify the POA . 3. is it possible for my vendor to make rectification deed 1982. Please help me sir
Asked 4 years ago in Property Law
Religion: Hindu
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5 Answers
No. Don't buy.
It can be rectified.
He has to check in SRO.
G.Rajaganapathy
High Court of Madras
1. You are having all the papers in your possession but asking questions with incomplete details.
Any opinion given without seeing the contents of the documents or the documents itself may be misleading.
Hence you may better obtain a proper legal opinion before venturing into this purchase.
2. The POA cannot be rectified by anyone, this can be amended only by executing a registered rectification deed executed jointly by the Principal and the power agent.
3. No.
not possible to answer this query without checking the exact title history/flow from the title documents
a document which is compulsorily registrable can be registered maximum within 8 months from the date of its execution
if the document was executed in 1977 then it could not be registered in 1979 as that is more than 8 months
however it also needs to be checked whether the document was compulsorily registrable in the first place or not and what was the exact date of its execution
without seeing the actual documents and just on basis of the very limited information provided in the query, no proper answer can be given
Please ascertain from the Sub-Registrar's Office concerned why there was a two-year delay in registering the document and why it was numbered Y/1977. If the explanation is satisfactory, you may rely on that document. Also, please obtain certified copies of the PoA (Y/1977) and the 1982 document from the Sub-Registrar's Office concerned; compare them with those given to you; verify if there are any discrepancies. Further, please obtain and verify the entries in the EC from 1977 onwards.
