Legal Question in Real Estate Law in India

I have recently bought a flat from a partnership firm having 8 partners. In partnership deed, they have divided their partners into group A and group B. Under "14. Legal Document" section, they have mentioned that all the legal documents have to signed jointly by one party from group A and one party from group B. However, on sale deed (or flat sale agreement ) and Power of attorney doc, both the authorized signatories are from group A. This is violating their partnership agreement. Would I face any legal issue in future?

On their company's letter head, they have issued a consent letter saying those persons (who signed on sale of deed) can sign sale of deed. They haven't mentioned about POA. Will this work? Or do I need to get written on a stamp paper saying those two persons can sign on sale of deed and power of attorney? Will this suffice it legally?


Asked on 5/16/12, 4:11 am

2 Answers from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

It is not valid. They cannot override any act or rules. As per the Act all the owners have to execute the sale deed either themselves or by a registered POA only. It is better for you to get a deed from the other partners to avoid future complications. Contact me at [email protected]

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Answered on 5/16/12, 5:36 pm
Shrichand Nahar S.V.Nahar, Advocate

Simple solution to resolve all your apprehension get a deed of consent or confirmation or any such similar deed executed and registered from all the partners.

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Answered on 7/18/12, 2:44 am


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