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Can I use POA during sale deed


05-May-2023 (In Property Law)
I have done "Agreement to Sale" using "Power of Attorney" (My husband has given it to me), since we (Husband and I)are buying the flat on our name. But later I noticed that the POA has the witnesses column as blank. Unfortunately, my lawyer completely missed it. But now since I have got the "Agreement to Sale" done using the same POA which has witnesses missing, I am worried that whether about its impact on the "Agreement to Sale"'s credibility. Please advise whether I can use the same POA during the Sale Deed too...will that not have any negative impact may be in future when we sell the flat?
Answers (1)

Answer #1
117 votes
A power of attorney needs to be executed in the presence of two witnesses to make it a valid POA. In case of no witness in a POA then it is not a valid document and it can be challenged. 

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