General power of attorny

Kadem Ramesh (Querist) 09 July 2013 This query is : Resolved
I WANT TO PURCHASE A HOUSE . THAT HOUSE IS FIRST LAYOUT IN 1979. THE VENTURE OWNER REGISTERED THE PLOT IN FIRST PERSON NAME THEN AFTER HE CONSTRUCTED AND STAYED ONE YEAR THEN HE SOLD THE SAME HOUSE TO OTHER PERSON THAT PERSON NOT REGISTERED THE HOUSE IN SUB-REGISTRAR. HE ONLY TAKEN GPA (REGISTERED)IN SUB-REGISTRAR DEC-1979.NOW TODAY HE WANT TO SELL THE HOUSE. I CAN PURCHASE THE HOUSE ? . GPA HOLDER CAN HAVE THE AUTHORITY TO SELL.? AND CAN I AVAIL HOUSING LOAN ?PL CLARIFY.

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Anirudh (Expert) 09 July 2013
First you have to check up the following:

1. Whether the person who gave the GPA is alive today or not?

2. If the person who originally gave the GPA is not alive, then the GPA holder cannot act on the basis of the said GPA, as the GPA has no validity at all. In fact, with the death of the grantor of the GPA, the GPA loses its importance and validity.

3. You also have to check up whether the said GPA is a Registered and whether there is power specifically given therein for sale of the property. In case the GPA does not contain the power to sell, then the GPA holder cannot legally sell the property.

prabhakar singh (Expert) 09 July 2013
Unless you can trace the real owner alive and find a clause of power to sale in the GPA registered
better you do not buy.