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Can registered deed be altered through power of attorney


19-Feb-2023 (In Civil Law)
Plz.quary and advise me as I am handicapped and holely and fully depand on you. IAm settler of a registered a settlement deed with my brother as a settler, codition that after re payment of my loan you may build ur own house at 1st floor,in the mean time I gave him verbal consent to construct his house as because family condition was bitter with mother,brother and my wife.Due to avoid the situation I gave him verbal consent bt after few years he started different humiliation with me as well as my wife.I am resident of Jaddal, registered the deed at ADSR Sonarpur,in the mean time he signed me some papers with help of my father with the pretext that it was only a consent letter to build 1st floor before transfar his right of property as per condition of registered Settlement deed. firstly he closed one of door which is comon.M y quary is can he alterer reg.deed with POA though father died bfr 5 year? where 2 get encumbrances certificate? Collect free encumbrance certifi upto 2014.Plz he
Answers (2)

Answer #1
531 votes
Registered settlement deed cannot be altered without the prior consent if the transferor. In your situation it will amount to fraud committed.

Further, given below is the procedure to obtain an EC.(Encumbrances Certificate)
• First and foremost, download the Form 22. Affix it with Rs 2 non-judicial stamp and address to the Tahsildar, giving an attested copy of your residential address and the purpose for which the certificate is required.
• Provide the details of ownership such as correct survey number and place where the property is situated. It is very important that the period and full description of the property are mentioned clearly in the application.
• The requisite fee needs to be paid. The fee is to be paid according to the period of encumbrance. The encumbrance year commences from April 1st of a calendar and closes on March 31st, of the next calendar year. The EC is also usually provided in the regional language. An English translation may be obtained by paying an additional fee.
• The application should be submitted to the jurisdictional sub-registrar’s office, under which the property is registered.
Answer #2
723 votes
I think, you may proceed before any Ld. Advocate and show your entire papers, because at any time any legal actions from either side would be happen. I also do not know whether you make any NOC or not. In your letter I think you wants to say that, your brother may prepare some sorts of forged documents. Your earliest action will save your property.

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