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Shivanand (Software Professional)     17 July 2010

Sale deed corrections

Hello,

I'm planning to buy a site which is in a BDA(Bangalore development authoruity) approved. The current owner has EC, BBMP khata(Bruhat Bangalore Mahanagar Palike) certificates. The current owner is in posession from Nov 2006. He has site loan from ICICI bank.

Issue1: Since the current owner is in abroad, he has given GPA to his father. The GPA is registered and says that his father is allowed to sell his site and execute all the bank and registration and any other formalities on his behalf.

Issue1:

Is it OK to proceed further with GPA holder. Do I need to obtain any written confirmation from owner from abroad ?

Issue2:

In sale deed of current owner , the schedule property is mentioned as follows.

East to West - 40 sq ft

North to South - 50 sq ft

Total Area measuring - 2000 sq ft

 

This should have been written as:

East to West - 40 ft

North to South - 50 ft

Total Area measuring - 2000 sq ft

How to proceed in this case. Do I need to ask the current owner for rectifying it with rectification deed ? Or can I buy the site and in my sale deed we can correct them. Please suggest.

Thanking you & Regards,

Shivanand



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 July 2010

You need no to take any written consent from the person who has exeucted a GPA in favour of his father. Whatever act done by his father binds on the execuatant of the PA. You can get executed the sale deed in your name with correct measurement.

jayeshmankodi (Lawyer)     17 July 2010

follow the advise of rajeev as sale-deed can be executed in your name no any consent required from abroad who executed GPA.

jayesh mankodi-advocate

Shivanand (Software Professional)     19 July 2010

Thank you for your openion. It is really helpful.

Thank you & Regards,

Shivanand


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