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venu (Web Designer)     23 October 2011

Can POA giftdeed and sale the property

I want to buy a property from a POA holder, the POA in 1984 has got GPA from a family of 4, that is mother and 3 major childrens , now POA says that he does not have contact of this family who give him GPA ,but he has paid the amount to them and has done sale agreement and than got the GPA

Now this family has left that place , now the POA does not know whereabouts of  this family, the only document he has is the orginal sale agreement and orginal GPA document attested by a notry and POA posses position of this vacant land, till now POA has not registred this property in his name, he want to sell this property.

1. can i buy this propery from this POA ??

2. What all the legal problems i may face if at  anything arises  ?

3. once i buy this property can i resale to other people ?

4. What you suggest to POA ?

Please suggest, your valuable suggestion are needed.

*****************************

The POA says that he has paid tax upto date and holds b katha  and he has given me two option

1. Giftdeed the property to his son
2. Once the giftdeed is done to his son, he said his will his son can sell the property to me

Is this options possible please suggest me.

Regards,
Venugopal.



Learning

 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 October 2011

Pl go through the latest citation of SC in this matter.

kumar t v s (advocate)     23 October 2011

(1) If GPA not registered it does not confer power on the POA to effectively transfer property i.e. gift or sale.

 

(2) Recent judgment of SC is not retrospective, hence registered POA can transfer property through GPA  registered prior to SC judgment.

Bharatkumar (ADVOCATE )     24 October 2011

MY OPINION IS IF THE OWNER / VENDOR / SELLER DO THIS PROCEDURE OF REGISTRATION IS BETTER FOR PURCHASER.

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