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Manjesh Poojary (Service)     01 March 2011

General Power of Attorney

Hi, I am going to purchase a property at karnataka, I have got photocopies of land documents of my seller, in that documents I have seen the Original seller from whom my seller has purchased has given General Power of Attorney to sell property and my seller has purchased the property in her name. Here my question is whether I need to check the General Power of Attorney of first seller from whom my seller has purchased the property ? and if yes what are the points I need to check on General Power of Attorney ? please advise... and another question the my seller has not paid corporation tax from last 9 years and he is ready to pay it now before selling to me, what is the legality of this sale?



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 2 Replies

suresh (Advocate)     01 March 2011

Dear Mr. Manjesh Porrjari

Firstly you need to scrutinize how the original owner acquired the property.

If he has acquired through GPA, in the GPA we need see sale power is there or not , secondly GPA is properly registered as per law, if it is not registered  whether proper stamp duty is paid or not, like wise so many issued were involved in the said GPA.

Without seeing the GPA we cannot give clear opinion.

Regarding tax before entering to sale deed the seller has to pay up to date tax to the concerned department, now also he can pay tax for all the years at one time.

Regards

Suresh.N.V.

VIRAJ KADAM (Advocate Supreme Court of India)     01 March 2011

Dear Friend

I will advise you to take property search of the questioned property in Sub-Registrar office. Get the flow of the title you would clear your doubts.


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