vijay (sr software) 03 May 2012

Power of attorney details

Hi Sir,

I want to know below details, Kindly reply .

I am planning to buy a land in hyderabad, But the land owner is not present in India, so before laving india, land owner has given power of attorney to his father and asked him to sell the property. Now I am going to buy that property. But how can i make sure, land lord father is having rights to sell his son property to me.

If in sub register office, power of attorney is registed saying that plot can sell to any one. is it law permissible in this case.

Kindly let me if any other litigations are there in this case.

Regards

Vijay

Reply Follow

3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 May 2012

Dear Vijay,

Your concerns are legitimate. You should ensure :-

1. POA is registered with sub-registrar of area where property is located.

2. Is notarized/authenticated by Indian Consul in Country where the owner is.

3. Get a 'due diligence' conducted on the trial of property to ensure that a clean title is passed to you.

Feel free to talk !

jjlisting (student) 04 May 2012

Even though there may be a Powe rof Attorney, I would urge you to speak directly with the son abroad and get a direct verbal approval, and also tell him to send a letter notarized at the Indian consulate stating that he agrees with the sale of the land to you, along wiht a notarized photocopy of his picture id such as a driver's lcence or passport to match the signatures. There is too much property fraud going on (my family is embroiled in a suit going on for 30 years+) where a family member is abroad and family memmbers in India use fraudulent POAs to sell property. A phone call abroad is chaeaper then an ongoing lawsuit in the INdian court ssystems!!! Please take my advise and save yourself some grief.

vijay (sr software) 04 May 2012

HI Sir,

Thanks for your reply.

1) POA is registered in vijaywada, but land is located in hyderabad. POA is not registered where land is present.

The notary is well documented and shown to local sub-register office and he also agrees to do registration if father comes to the office and need a thumb impression of son.

Today i have taken EC, It is under son name only. Now can i make a call to son and check if he is really selling the property and if he says, i can ask him send a letter saying that i dont have any objection in that.

With above details, can i proceed .

Regards

Vijay