My husband gave me a Power of Attorney to buy a flat in our names. We used it to sign the Agreement to Sale, but I just noticed the witness section is blank. My lawyer missed that! Will this affect the Agreement to Sale’s validity? Can I use the same Power of Attorney for the Sale Deed too? Or could this cause problems later when we sell the flat?

Apni Law
Apni Law
Law Forum › Category: Property › My husband gave me a Power of Attorney to buy a flat in our names. We used it to sign the Agreement to Sale, but I just noticed the witness section is blank. My lawyer missed that! Will this affect the Agreement to Sale’s validity? Can I use the same Power of Attorney for the Sale Deed too? Or could this cause problems later when we sell the flat?
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Apni Law Staff asked 2 years ago

My husband gave me a Power of Attorney to buy a flat in our names. We used it to sign the Agreement to Sale, but I just noticed the witness section is blank. My lawyer missed that! Will this affect the Agreement to Sale’s validity? Can I use the same Power of Attorney for the Sale Deed too? Or could this cause problems later when we sell the flat?

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Apni Law Staff answered 2 years ago

In India, an Agreement to Sale requires two witnesses for validity. A blank witness section could potentially impact the agreement’s enforceability. You can still use the Power of Attorney for the Sale Deed, but it’s best to rectify the witness issue in the Agreement to Sale before proceeding. Consult your lawyer for the best course of action.

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