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hameed (dfafd)     09 December 2010

Notary signed GPA is enough from legal heir

I am planning to purchase a 2005 CMDA Approved plot allotted to Mr.X by Housing society in 2007 &same is registered as absolute sale deed.

Mr.X died in 2008 and he has no issues. But Mr.X 's father & wife are alive and mother is no-more. The legal-heir certificate shows both Mr.X's father & wife as legal heir.

But Mr.X's father's age is 91. So, Mr.X's father is unable to come to registrar office to execute the sale deed. Is this enough if Mr.X's father provides GPA in names of Mr.X's wife as attorney to execute the sale deed and same GPA is signed by Notary? Since to sign GPA also, Mr.X's father need to come to registrar office. So is the notary signed GPA is sufficient to execute the sale deed & futher to prove the title of the property when I purchase? is there any other way . Pls. suggest/let me know what are the risk involved in this case.



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 December 2010

Yes father can exeucte the GPA in his son's wife's name for the registration purpose.

1 Like

raj kumar ji (LAW STUDENT )     09 December 2010

NOTARY SIGNED GPA IS NOT A PROPER VALID BUT IN UR CASE I AGREE WITH RAJOO SIR

1 Like

C Ramasami (B.Sc.,M.A.,B.L.)     10 December 2010

 

Related to the power deed dealing for sale execution registration is must.

For the other catogories notory attestation is enoug '  At his stage registration requirement is more enough either to obtain sale deed through the party or his agent and that too by way of obtainment of regiter power deed execution only  by v c ramasami dgl

hameed (dfafd)     10 December 2010

Thank you sir.

But since the owner -who died and automatically his father became one of the leagl heir .  Father is 91 yrs old and unable to come to registrar office , that is the problem now. 

what is the alternate way sir?   pls. let me know.  thanks in advane.

SACHIN AGARWAL (ADVOCATE)     11 December 2010

The notarized Power of Attorney is not sufficient for sale deed under the law. It should be registered.


You can apply for commission and the sale deed can be made at the vendors house


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