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legal validity of a sale deed bought from second power agent
20-Jul-2023 (In Property Law)
In 2011, we bought a land by sale deed executed between second power agent(means first power agent gave power of attorney to second and second person made a sale) and my mother. In Encumbrence certificate,shows executant name: name of first and second power agent and claimant name: my mother name.The sale deed is registered properly in registration office.Now we tried to sell that land and those who are trying to buy the land is saying that the sale deed does not have any legal validity because second power agent cannot sell the land. Then i called registration department and i elaborated the issue and they are saying that further a settlement deed can be carried out to make the land document legally valid. My question is: Is it possible to make a settlement deed for property which is sold by second power agent. Does that settlement deed have any legal validity?
Sir/Madam,
In general power holder can register the property and he cannot further constitute power to another person and not valid also, and your question need little clarity that who is going to settle the said property to whom, if my understanding is correct, your mother is planning to settle to you/some other family members? then also it is deficient transfer alone, because already your mother not having enough title hold it it.
In general power holder can register the property and he cannot further constitute power to another person and not valid also, and your question need little clarity that who is going to settle the said property to whom, if my understanding is correct, your mother is planning to settle to you/some other family members? then also it is deficient transfer alone, because already your mother not having enough title hold it it.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Hello,
Normally a power of attorney cannot give a "Second" power of attorney to anyone else. However, in case the first power of attorney permits the power holder to delegate the power, then he can create a second power of attorney. Only if the first power has the power to delegate, then the second power of attorney is legal. I will have to look at the first power of attorney to decide if the second power of attorney is valid.
In case your first power of attorney does not have the power to delegate his power, then you will have to approach the original owner to give a deed of rectification authorizing the second power of attorney to sell the property and thereby ratifying the sale.
You may contact me directly if you want more advice for your situation.
Regards,
Aditya
Normally a power of attorney cannot give a "Second" power of attorney to anyone else. However, in case the first power of attorney permits the power holder to delegate the power, then he can create a second power of attorney. Only if the first power has the power to delegate, then the second power of attorney is legal. I will have to look at the first power of attorney to decide if the second power of attorney is valid.
In case your first power of attorney does not have the power to delegate his power, then you will have to approach the original owner to give a deed of rectification authorizing the second power of attorney to sell the property and thereby ratifying the sale.
You may contact me directly if you want more advice for your situation.
Regards,
Aditya
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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