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Radha Kishan (Senior Technical Officer)     10 August 2012

Legal opinion

 

I have finalised to buy a property individual residential house. I have made a registered sale agreement and paid some advance. I have applied for bank loan. The legal section of the bank has pointed out that the title flow is not correct. 

To start with, in 1991, GPA has been executed by 10 people for the property of 3 acres and these 10 people have nominated one person to sign on their behalf.

Then the property has been sold in patches to different purchasers.

In 1993, part of this land has been sold and in tis sale deed out of 10 GPA holders, the 10th name is missing and the deed has been signed by the nominated person.

After this the property has been changed to two hands. Now we are the 4th purchaser.

Now the legal section of Bank has pointed out why the 10th name is missing??

what is the solution to this??

1) Can Rectification sale deed be made in absence of the purchaser??

2) Can the 10th GPA holder name be included in the registered sale deed and counter signed by nominated GPA holder??

3)Now the 10th GPA holder is not alive

Please give me legal solution



Learning

 5 Replies

surjit singh (Assistant)     10 August 2012

This is a very complicated matter, if all the GPA could have been alive it would have been a different matter. Get  the legal heirs and apply your 2nd solution made above.

T.Panneer Selvam (Proprietor)     10 August 2012

Dear Sir,

My mother- in-law's mother (who is dead now) had her ancestrol land as she had no brothers. Due to some reason they mortgaged the documents of the land in a bank. Later the banker sent notices to get the documents back after reapaying the loan through court. 

Now all the members of my mother- in -law do not know where the documents are. They tried to find out the whereabout of the document but no body helps them even lawyers. Because there is an involvement of a senior lawyer  who is cousin brother of my Mother-in-Law .

We doubt that they have forged the documents and changed the property in their names.  Becaues we hear that the lands are sold to others who cultivate the lands now.

How can we know where is the document? or How can we get the documents?

Please help us!

We are from Tamil Nadu

Adv. Animesh Gaba (Legal Consultanat)     11 August 2012

dear radha kishen , 

                                   10th gpa holder legal heirs surely ask fr some amt to sign if u can do that nly thn u can get out of ths prob nd it should be all legal heirs of 10th gpa holderbecoz in future any of the legal heirs can create prob fr u ... so get sign of al his/her  legal heirs ...

Anish Thakur 7018812737 (advocate)     11 August 2012

dear querist,

1.now there are some changes in procedure related to registaration due to some state amendements including no sale of property through GPA except if the gpa holder is one in blood relation ,
but as normal procedure your answers are follwoing-\

1.nope ractification sale ded can not be made in the absence of purchaser.

2.yes 10th gpa holder name can be included in the sale deed by amneding it but the presence of 10th share holder is necessary now  or if you can proove his consent or inclusion then can be done in absence and make application for amendment of sale deed.

3.if he is dead then not necessary to include him in prsent scenario or next transactions but name is necvessary on those transactions like above when he was alive.feel free to call

S Jadhav 98336 98330 (Jadhav & Associates)     11 August 2012

A Power of Attorney is valid until the PoA giver is alive. IF the 10th GPA has passed away, then his legal heirs will have to issue a PoA and nominate the GPA to sign on their behalf.

This becomes complicated and hence registrations done on PoA basis should be done very quickly and the best option is to register the sale deed with the buyer and seller directly.

S Jadhav


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