Buying a property land
Ravi Kumar
(Querist) 11 November 2011
This query is : Resolved
Hello Sir/Madam,
I have shortlisted 3 cents of land to purchase in my native place. The whereabouts of the property are:
In 2005 the land owner got registered the land from another person and the registration was executed through the Court since they had a dispute on the sale agreement made earlier in 1996 and finally the court has registered the land in favor to the buyer.
After the registration happened the current land owner has recently granted General Power of Attorney to his uncle. So if am buying the property it would be from the person who has the power of attorney,
Kindly advise if this is a doable one and who all should sign during when am registering, whether the one who gave the power or the one who has the power.
I am kindly requesting for the valuable advise.
Thanks,
Ravi
91 9363125001
Devajyoti Barman
(Expert) 11 November 2011
Since POA may be revoked in the mean time about which you may not be aware of, it would be proper if you buy from the original landowner only and get his signature as one of the witnesses in the deed.
Piyush Vaishnava
(Expert) 11 November 2011
POA may creates unwanted litigations, so prefer direct transaction with original owner.
Ravi Kumar
(Querist) 11 November 2011
Thanks Sir,
So the person who owns the POA can sign on the document and the original owner would sign as a witness correct?
Also when am typing this heard of this article:
http://timesofindia.indiatimes.com/india/Verdict-on-general-power-of-attorney-seen-hitting-property-sales/articleshow/10346154.cms
Not sure if there is a law passed barring the registrations? Will i have a problem Sir?
Thanks,
Ravi
91 9363125001
Devajyoti Barman
(Expert) 11 November 2011
Yes the recent supreme court decision provides certain guidelines on POA though without knowing full facts of your case it would be difficult to advise whether the same applies to you or not.
Ravi Kumar
(Querist) 11 November 2011
Thanks Sir,
Will try to see if i can scan the documents and send that to you for the kind perusal.
Will that help?
prabhakar singh
(Expert) 11 November 2011
Buy from owner and get it witnessed by person claiming POA.
M V Gupta
(Expert) 12 November 2011
Supreme court judgement in Suraj Lamp Industries case applies to situations where the Sale deed is not finally executed and registered. It is otherwise legally permissible to the Owner of property who is not able to attend personally to the sale negotiations and execution and registration of the sale deed to give a POA to complete the transaction. But you should read the POA to find out that the POA confers the requisite powers to the Attorney and is properly stamped and notarized.
Devajyoti Barman
(Expert) 13 November 2011
Yes but this judgement is not applicable in all the cases.
Ravi Kumar
(Querist) 16 November 2011
Thanks a lot for all your time and advise.
I am really happy to know you all experts!
