• Can I secure release deed from SRO with a notarized POA

For a property purchased, I have foreclosed the seller's registered loan with the bank and secured original title deeds and No dues certificate from the bank. I now need to secure the Release deed from the concerned SRO. Can I secure the release deed with a notarized but not registered POA from the SRO (Bank and the notarized POA will be present)?
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Yes

Yusuf Rampurawala
Advocate, Mumbai
7779 Answers
79 Consultations

For execution of relinquishment deed POA should be registered 

Ajay Sethi
Advocate, Mumbai
97700 Answers
7912 Consultations

Only a release deed registered with Sub-Registrar is valid release of property. A notarized release deed is of no legal value. It the authorized representative of bank who can register a release deed. Request bank to depute its authorized person to do register release deed. If the bank fails you can force it to do the needful through District Consumer Forum .  

Ravi Shinde
Advocate, Hyderabad
4511 Answers
42 Consultations

1. Perhaps you are referring to the Discharge Deed to be executed by the lending Bank in favour of the seller, after clearing the loan.

2. Get the Discharge Deed registered in the jurisdictional Sub-Registrar's Office from the seller.  Seller has to co-ordinate with the Bank and arrange to get the registered Discharge Deed.

3.  Do not go for a notarized Discharge document, which is not registered.

Shashidhar S. Sastry
Advocate, Bangalore
5466 Answers
330 Consultations

For POA for immovable property and it's transfer registration of POA is mandatory. If the said securing of release deed doesn't affect the transfer then notarized POA will do

Prashant Nayak
Advocate, Mumbai
33003 Answers
212 Consultations

- A notarized POA having no value in the eye of law , if related to property . 

Mohammed Shahzad
Advocate, Delhi
14832 Answers
225 Consultations

The SRO  will not entertain the unregistered GPA for a transaction in respect of an immovable property. 

The  GPA deed should be made by a registered document only to enable the power agent to execute the registered release deed. 

T Kalaiselvan
Advocate, Vellore
87902 Answers
2368 Consultations

Dear sir,

Notarising a power of attorney is as good as registration. Thus, the release deed can be secured from the sub-registrar's office.

Thank You

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

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