Power of Attorney
sunil
(Querist) 27 August 2009
This query is : Resolved
Hi,
I'm looking for buying a property. The owner has given a GPA to her father- in-law for selling/registering the property. Is it safe to buy such a property. would there be any issue in future.what should I do for the safer transaction where there would not be any problems in the future. I have not contacted owner as yet and I do not have any identity of owner. But all doucments related to the property seems to be ok. Please provide suggestions in this regards
Thanks
Sunil
Kiran Kumar
(Expert) 27 August 2009
nothing wrong in buying such a property but make sure the POA is not false or has been revoked by the owner.
also check for the fact that whether the property is free from any encumbrances like bank loan etc.
all this infromation u can have from registrar's office.
A V Vishal
(Expert) 27 August 2009
Sunil:
I suggest you to hire the services of a good local lawyer and get the title deed verified and all the other connected legal matters including searching the Database of the Registrar (EC Certificate) for 12 years, verify if the GPA is registered if yes is it still in existence (GPA for sale of immovable property is compulsarily registrable in some states) and also advertise in a local newspaper in the area where the property is situate by way of a public notice about your intention to purchase the property.
A. A. JOSE
(Expert) 27 August 2009
Purchase through a POA is legally valid provided the POA is genuine and valid please.
Bhumik Dave
(Expert) 28 August 2009
In some states POA fore immovable property is compulsasy registred (i.e. Gujarat any after June. 08 poa 4 immovable property is reg.) so plz check whts about ur state.
Bt better to take help from local lawyer.
Harinarayan R. Tripathi
(Expert) 28 August 2009
It is advisable to check up the title of the property prior to the purchase to get the clear title in your favour because as per law no person can transfer better title what he himself has, if there will be any error in title it may create harm to you in future.
ajay somani
(Expert) 29 August 2009
you just verify that the power attorney issued by the owner is registered, then obtained the cerified copy from the registrar office, submit all the papers of the property with your lawyer, then publish paper notice , for safety measures ask your advocate to take the serach report of the property ... adv ajay somani , nagpur -440010 mobile 09373157000
29/08/2009 20:19:09
Raj Kumar Makkad
(Expert) 05 September 2009
In addition to already told suggestions I want to suggest you to confirm whether the true owner of the property is dead or alive becsuse POA gets expires immediately on the death of POA giver or on its revocation by him.
R.M.Bhaduri
(Expert) 09 September 2009
Please confirm the genuineness of the GPA from the actual owner then confirm whether the GPA is registered or not, thereafter search all the documents related to the property such as tax receipts, entry in mutation records and in registry office find the whereabouts of the encumbrance for at least 12 or more years, and if you want further precaution then advertise in local newspapers, and I hope this may surely get relief otherwise consult property lawyer as suggested earlier.riven
