Transfer of ownership

A Veera Vardhan (Querist) 05 January 2016 This query is : Resolved

Dear Sir

I request anyone to guide me

The plot/land documents are available with a person from the past 5 years on behalf of the financial favor done to the land owner

But the owner has not came to pay the amount till date nor they have any communication with any of the family members.

I want to transfer the ownership of the land to my name by compensating the financier without having any legal
implications further from the land owner or any of their family members if at all they come up claiming their ownership in future

Regards

Veera Vardhan A

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Guest (Expert) 05 January 2016
The Financier Should have the Power of Attorney from the Owner the Borrower to Execute Sale Deed in your Favour Other wise the Legal Procedures to be Followed by the Financier by filing Suit for repayment and attachment of Property.Better Discuss with a Local Good Advocate with all the Documents with the Financier.

P. Venu (Expert) 06 January 2016
The transaction could be accomplished only on the strength of a decree from a Court.

V R SHROFF (Expert) 06 January 2016
GET COURT DECREE

Rajendra K Goyal (Expert) 06 January 2016
Only owner can sell the property to you, mortgagee has no such powers.

K.S.Srinivas (Expert) 10 January 2016
The financial has no powers to sell the property to you in the absence of any decree for attachment of the said property. Hence, do not purchase property from the financier.

T. Kalaiselvan, Advocate (Expert) 14 January 2016
Without the owner or his power agent or an authorised signatory, execution of sale deed cannot be done therefore any transaction relating to sale of the property shall be held invalid if the owner's consent is absent in the transaction.

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