transfer of property act
gaurav gupta
(Querist) 04 August 2009
This query is : Resolved
i have purchased a property by having registered will, agrrement to sale, power of attorney.
now the seller is passed away but muncipality is deniying to transfer..
what i should do??????????
sanjeev murthy desai
(Expert) 04 August 2009
Dear Gaurav Gupta
Ownership of that property cannot transfer through the POA and Sale Agreement.
Firstly you have the good title thorugh the sale deed.
after you can secure your name in the municipal authorities.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 04 August 2009
1- Under Will Deed there can not be any Sale & purchase - it is property bequethed in your favour , you have to prove the Will deed and to enforce the Will Deed as as benificiaryy under the will Deed , as per its Contnets only , you have to obtain probate
2- Under Sale agreemtn you have rigth to purchase and to pay the balance sale consideration and to get the Regd Sale deed by the Vendor/ or / after him his legla heirs
3-Under Power of attorney you are only the Agent of Your Prinicpal and you can not become the owner and by death of the principal the Power of attoeny stands cancelled
It is better rely up on the Will deed !
mahesh more
(Expert) 05 August 2009
1. obtain probate from the court
OR
2. ask the legal heirs of the deceased to execute a sale deed in your favour OR
You can also obtain order from the court for specific performance of agreement to sale by legal heirs of the deceased
3. rights acquired through POA extinguish once the grantor is no more, so it has no value right now
J K Agrawal
(Expert) 05 August 2009
However Probate is required first but just try an injunction suit against municipal.
sanjeev murthy desai
(Expert) 05 August 2009
Dear Gourav Gupta.
Please clarify how you purchased the property thorouh the registerecd Will?
Manish Singh
(Expert) 11 August 2009
there's always a condition precedent at the time of mutataion of name at the concerned authorities that if you present a will of the owner and try to mutate the proprty on that basis, either u need to have that will probated or you may produce no -objection affidavits from all the legal heirs of the testator. so accordingly you may move forward.
also, if you wish to move forward according to the agreement to sale and not to the will, you may prove that you have paid or complied with the other part of the agreement at the civil court for declaration of title and it shall be declared accordingly.
