Confirming party
murugesh
(Querist) 28 June 2014
This query is : Resolved
Dear Sir,
I thank you in advance for your kind advice. I intend to purchase an apartment but I am in a dilemma, kindly advice. Mr A was the original land owner with a constructed residential house a few decades back, He had 2 sons B and C and C in turn had wife D and 1 son E and 1 daughter F. After the death of A and also of his younger son C, Elder son B and the wife(D) and children( son E and daughter F) of C gave the property to a developer for construction of residential flats, 10 in number . After completion , they took handover of the flats and divided them amongst themselves as 1-5 belonging to B and 6-10 belonging to heirs of C( wife D, son E and daughter F). Wife D and daughter F of C , who both stay in another state presently , gave power of attorney to son E.I intend to purchase one of the flats belonging to heirs of C. He has the power of attorney from his mother and sister to proceed with this sale , and states his uncle B is going to sign as Confirming Party to avoid Tax Liabilities since the flat is not in his ownership as per the division, However , this division of flats is on Rs 20 /- stamp paper and not Registered Deed. Kindly advice whether his uncle signing as Confirming Party is sufficient or whether it is mandatory that his uncle also signs as one of the sellers , in which case he may back out because of the Tax implications?
ajay sethi
(Expert) 28 June 2014
please contact a local lawyer . the various documents cited by you have to be gone into to advice .
please also check whether power of attorney is duly registered or not . POA for sale of property is required to be registered
the partition deed for division of flats appears to be under stamped and is also not registered .
Rajendra K Goyal
(Expert) 28 June 2014
Consult a local lawyer and show him all the documents / discuss the case.
R.K Nanda
(Expert) 28 June 2014
contact local lawyer.
Dr J C Vashista
(Expert) 29 June 2014
Engaging a local lawyer would be in your interest and benefit.
Devajyoti Barman
(Expert) 29 June 2014
volumes of papers needs to be gone through.
Can not be done through online.
T. Kalaiselvan, Advocate
(Expert) 30 June 2014
Yes, I too agree with the experts advice that all the related papers have to be perused properly to form an opinion about the title of the property and its worthiness, hence consult a local lawyer, take his opinion, proceed further.
