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KSharma   01 January 2016

Do i have clear title

My father purchased a government flat from a party some 20 years back. In those times, to save on registration fees the agreements were generally done using POA. So the seller made the transaction using following documents:

1. Made my father a general POA (registered)

2. A will in name of my mother to inherit the property (not registered)

3. Registered agreement stating that once all installments for the flat have been paid 1st party will hand over the transfer letter to us.

We have the occupation of the flat for 20 years, with property & water tax receipts, electricity, gas bills etc. The problem is that now my father has expired and the POA has lapsed. My questions are:

1. Does the will have any significance? It has been 20 years and we don't know where the seller lives now or whether he's alive or dead. How would it be enforced in a court of law? Do we need a death certificate of the seller?

2. How much of a title do we have in the property basis the existing documents?



Learning

 2 Replies

Kumar Doab (FIN)     01 January 2016

Apparently: You are not the owner in any sense.

Does the POA makes a mention of payment made?

Find out the whereabouts of the owner and confirm if he is dead or alive.

 

You would need owner or legal heirs to register.

 

YOu may show all docs on record to ana ble counsel and proceed further under advise of your counsel.

 

 

 

adv.raghavan (Advocate,9444674980)     02 January 2016

Court is the ultimate place  to seek remedy. It is a long process, narrating in this forum will confuse things, and we do not have the privilege to go through all the documents, as narrated by above expert catch hold of counsel to get things done.


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