purchase of property in absence of Buyer
Querist :
Anonymous
(Querist) 01 September 2018
This query is : Resolved
I have give earnest money to the Dealer for purchase of a property located in West Delhi and he told he will give 2 and half month for the full payment which is also mentioned in "Byana" agreement . Now he is telling us ,,, Second party has some urgent work so we have to pay the remaining amount.
Actual buyer of this property Is my elder brother who can not come on that particular date.
So he ( Dealer) said that.. you pay the remaining amount and I will make the property paper and owner will sign on it. then we will give u also paper When your brother will come he will sign the property.
So my question is..
Is it possible to transfer of a property in absence of the Buyer???
Should I pay him the remaining amount or not ???
And I would like to add. Owner has power of attorney and he will transfer power of attorney to my brother. We are not planning for registry yet.
kavksatyanarayana
(Expert) 01 September 2018
As the owner gave Power of Attorney to your brother. so he must sign in the deed on behalf of his principal (owner) and attend the registrar office on registration date. No other person have right to do.
Querist :
Anonymous
(Querist) 02 September 2018
Thank you sir
Dr J C Vashista
(Expert) 02 September 2018
Q 1 Yes
Q 2 It is your personal decision, no comments
Q 3 PoA is not the "titleholder"/ owner.
Advise
1. Before taking any decision show the documents to a local prudent lawyer for better appreciation of facts and documents and guide you properly.
2. Why did you prefer to conceal your identity since "anonymous" person is not obliged by experts as per rules of this platform?
Kumar Doab
(Expert) 02 September 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Kumar Doab
(Expert) 02 September 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
If the title is not clear and/or property is to be mired in litigation due to defects/lapses then the said PoA might be just as good as a paper fan.
Kumar Doab
(Expert) 02 September 2018
Your state may permit say; you to appear on behalf of your brother to register sale deed.
Rest get the mutation record with all link docs, said Byana and POA and any other property relateddocuments from a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL O/o Tehsildar, Civil courts, HC, SC…
