Legal Question in Banking Law in India

I am working in Scheduled bank. One of our customer has mortgaged his building property for the facilities sanctioned to his uncle business. Subsequently the property owner went to Australia for studying M.S. He has given a power of attorney in his brother for execution of future enhanacment documents. We observe the power of attorney erroneously mentioned one line wrongly. The exisintg POA executant was executed in Australia the same as registered in local registrar office. Now the executant is coming to india for his personal work.

Now we have prepared the Amendment Power of attorney in conitanuation of the Existing POA. The same was submitted for register office for registration. The registrar is not accepting beacuse previous one executing in Australia this is Amendment POA. He is telling we are not able to do. In this connection i request you to please advise. i


Asked on 2/14/11, 7:10 pm

1 Answer from Attorneys
J. Radhakrishnan independent Practice

If the earlier power of attorney though executed in Australia was registered in India, then any amendment to the same can also be registered in the same Registrar Office. Get the Registrar's refusal to register the amendment, in writing and file an application/appeal to the District Registrar against such refusal. Pl. go through the Registration Act and the State Amendment to the same and rules thereunder. Take the assistance of a lawyer known for dealing with such types of cases.

Read more
Answered on 2/14/11, 8:38 pm


Related Questions & Answers

More Banking Law questions and answers in India