Few documents missing in the channel documents of house.
Anil Kumar
(Querist) 26 June 2014
This query is : Resolved
I am looking to buy a property, let's say from A. A bought it from B in 1974, in cash. Now when A gave me the channel documents of the house, a particular Power of Attorney is missing from it. B got the land (on which the house is constructed) through death of husband. She made a POA in favor of her son for that land at the time of sale.
The sale deed in favour of A contains the following words: 'B is selling this house to A through a power of attorney in favor of C'. But both B and C have signed the sale deed! Then why was the POA made, when B could have sold it herself?
A says that B didn't give him the POA at the time of sale by mistake!! So, he doesn't have POA with him.
I will be taking a bank loan for this house. My queries:
1. Is the title of the house clear even without that power of attorney? If no, then please suggest any remedy for the same.
2. I suspect that B is lying! How could someone get the wrong documents and not check it while buying a house! Is it possible that there is some fraud, cheating etc going on?
3. The land of B was further divided into 2-3 plots for house construction. So, is it possible that the current neighbor of that house might have the same documents of B and C, including the particular POA?
R.K Nanda 
(Expert) 26 June 2014
consult local lawyer.
ajay sethi
(Expert) 26 June 2014
dont purchase the property if original chain of documents is missing . obtain title clearance certificate from lawyer if you want the said property
Rajendra K Goyal
(Expert) 26 June 2014
Obtain the title clearance report from the Bank lawyer first to ascertain whether the title is clear or not.
Raj Kumar Makkad
(Expert) 27 June 2014
It is not advised to purchase such property as chain of title is the base for the determination of the ownership of the sellers.
