General power registered and sale process
SRIKANTH
(Querist) 10 December 2012
This query is : Resolved
Respected sirs.,
Myself Srikanth belonging to Tamil nadu state. I bought one flat in the year of 2005- by giving general power to my mother(since i was working outstate) through that it's registered and loan also availed from bank and its closed now. Now i want to sell the house in which advocate of bank raise the following point which makes delay in legal opinion
1. Submitted General power to mother is not speaks about purchase of new houses it speak only existing assets sale.
Regarding house Ec and bank documents are my name and my mother name(as power agent)is mentioned and registered.
Now i seek your kind advise is it possible to sell the house if yes what is the possibility to clear the satisfy the legal opinion.
Expecting your advise please
Thanks/Regards
Srikanth ps
Devajyoti Barman
(Expert) 10 December 2012
What is the dispute?
If your mother purchased the same in your name and by your money then where is the dispute?
In any case in the sale deed you can add your mother's name as Confirming Party to remove any doubt.
SRIKANTH
(Querist) 10 December 2012
Respected sir
With reference to the sale the present purchaser of flat approached one bank now while clearing the legal opinion advocate of the concerned bank- raised query against the general power which was given by me to my mother(in the year of 1999). where in it does'nt have the clause on purchase of new properties it has right on sale of existing properties. But it has got registered and loan also availed earlier(in the year of 2005). Now i would like to know how to effect the present sale by overcoming the existing power issues.
Expecting your valuable advise pls
Thanks
Srikanth ps
Raj Kumar Makkad
(Expert) 11 December 2012
The objection of the advocate of the banker is totally misconceived and illegal. You are only the purchaser and even if your mother represented you while getting the registered sale-deed registered and unknowingly she also got it mentioned your GPA even then it do not affect your status as lawful owner of that property. There is no such effect over the status of that property. Even you availed subsequent loan from a bank and repaid it.
If this bank is not agree, approach any other bank.
Raj Kumar Makkad
(Expert) 11 December 2012
You can very well can sale it and the opinion of the registrar can also be obtained in this matter for the satisfaction of the banker of the buyer.
