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bikram roy (Scientific Officer)     16 April 2015

Purchase of property from poa holder

 Dear All,


First of all thank you to the creators and users for creating and using this wonderful platform to exchange thoughts. I will be helpful if someone answers my following queries:

I am going to purchase a resale property located at Kharghar, navi Mumbai, Dist Raigad, maharashtra. The first owner did not take the possession till date and builder will handover the same to second owner. First owner is currently residing abroad, so she gave specific POA to her sister to execute the sale. The POA was signed infront of the foreign consulate and stamped. The POA holder (owner's sister) signs the same in India and getting it registered with sub registrar.

the sale deed will be executed between me and the POA holder (owner's sister) without presence of actual owner with the help of POA.

Now my questions are : 1. Is the above process is legally fullproof to avoid any further property dispute?

2. I have given a token money in name of original owner (Not POA holder). Does the rest of payment to be made in original owner's name?

3. What are the necessary clauses to be mentioned in POA, Sale Agreement, Sale deeds in this particular case to avoid legal dispute.

4. Any other advice ?

 



Learning

 1 Replies

Hardeep (Business)     18 April 2015

1) Seems so.

 

2) Payments should be made to the Original Owner, via Bank Transfer ( preferably ) to his / her account.

 

3) Since the Owner is still alive, you can/ should  get a fresh letter from her confirming that the POA is still valid and that she has no objection to the sale of plot to you. In the same she should provide her ID and Bank Details and get all this legalised by the Indian Consulate of the Country she is presently residing in. If she has a PAN Card, get those details ( although may not be required - see rule 114 (C), Indian income tax ) ...

 

4) Better to consult a local lawyer for correct draftings of these.

 

 


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