Property documentation
varun
(Querist) 23 July 2015
This query is : Resolved
Hi,
Request a legal opinion on below query.
1.Ms.A gave notarized GPA to Ms.B who are not relatives.This was in Year 1999.
2.Mr.C bought a property in the name of his minor son in 2003 where Mr.C is a guardian. Minor child was 15 yrs old in 2003.
This sale deed don't carry a signature of Ms.A but only signed by GPA holder ie Ms.B.
3.Child passed away in 2012, so the khata transferred in the name of Mr.C by Bruhat Bangalore Mahanagar Palike, as he was a guardian when property was purchased.
4.After Khata Transfer Mr.C did a Gift deed of this property to his younger brother Mr.D.
5.We bought this property from Mr.C & Mr.D as sellers & we also got a Consent witness from Wife of Mr.D & also from Ms.A (who gave notarized GPA to Ms.B).
Pls suggest if we have followed all the legal procedures correctly.
SURESH BV, Advocate
(Expert) 23 July 2015
Dear Varun,
1. If a GPA confers power to sell the property, then the GPA should be registered and such Power of Attorney should be executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides.
2. Property can be owned by a minor. But in your case the GPA is not registered, therefore a valid title has not passed on to the purchaser.
3 to 5. A property can not be alienated only on the basis of Katha entered in the name of a particular person. All the successors of the deceased should join in execution of the deed. When "C" gifted the property to "D" what is the necessity of "C" in executing deed in your favour. In what context and capacity the consenting witnesses have signed the deed.
Rajendra K Goyal
(Expert) 24 July 2015
After the death of son who was major at the time of death in 2012, the property is owned by his legal heirs, hence, their consent is required for sale.
T. Kalaiselvan, Advocate
(Expert) 29 July 2015
I agree with the views and opinions of experts Mr. Suresh and Mr. Rajendra K Goyal.
Both the experts have very clearly defined the legal position, hence it depends on whether you still would go ahead with the purchase of the property because the hidden danger is that the legal heirs of deceased C's son may emerge some other day in future, claiming the rights or share in the property.
