Apni Law Staff asked 7 months ago
I purchased a plot in 1997 through a General Power of Attorney (GPA) from a Mumbai-based realtor. The GPA was registered in Hyderabad under the Indian Stamp Act 1899. I have the registered sale deed and paid a stamp duty of Rs. 16,000 for the registration. Multiple plots were registered under the same GPA. The original GPA was not provided to me; I only possess a photocopy. In 2013, local troublemakers forged another sale deed, aided by the Mumbai owner who created a new sale agreement. I filed criminal and civil cases, obtaining an interim injunction in the civil case. The Mumbai owner, when summoned by the court, denied issuing the GPA in 1997, claiming my registration is invalid.
An RTI query to the registration office revealed the GPA is untraceable and they are obligated to preserve documents for only 3 years under the 1899 Act, despite the stamp duty paid. Is this accurate? Can you advise on what records from the registration office, or any other document, can prove the GPA was registered? Any other advice would be greatly appreciated.
Best Answer
Apni Law Staff answered 7 months ago
The Registration Office’s claim of only preserving documents for 3 years is inaccurate. While the Indian Stamp Act 1899 doesn’t specify a retention period, the Registration Act 1908 mandates permanent retention of registered documents. You can request a certified copy of the GPA from the Registration Office, citing the details of the registered sale deed. If they still deny it, you can approach the court to compel them to produce the document.
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