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venu (self)     10 August 2012

Suggestions required

Dear sir,

 

I have purchased a property in andhra pradesh. I have paid 40% of the sale value and written the agreement.

Actually the house owner(s) purchaged land from a lady and constructed the house. They have taken Power of attorney from her. Note: they didnt register with their name.

Now the problem is, one of the house owner is recently died.

In this case, what are the precautions i need to take while registering property?

 

Please suggest.

 

thanks

 

 

 



Learning

 5 Replies

surjit singh (Assistant)     10 August 2012

First see in whose name the land stands secondly the house. Do not go for registration against a power of attorney, because the supreme court in a recent judgemnet has held that power of attorney issued in the name of a persons who is not a very near relative like son, wife, husband, etc. is not valid. Better check the civil authority revenue record to be sure.

Mukund (Accounts & Finance Manager)     10 August 2012

Dear sir,

I was staying in chawl in Mumbai. One day builder and developer came for redeveloping the property he done the agreement with me and  per agreement builder gave me 340 sq.ft.carpet area in the proposed building. He
told me the super built up area is 525 sq.ft.

Now the building is ready and he is telling me the area is increased by 120 sq.ft and I have to pay the amount as per market rate. He has not informed me before completion. Now I have to pay for the excess area ? If I go to the consumer court the court will stand to my side or builder ? Also I don't have money to pay to the builder for excess area. Now what I have to do.

Mukund

 

Adv Akhtar Ali Sheikh (Property Law Consultant)     11 August 2012

See the terms of agreement, if there is no mention of any amount to be paid to him you need not pay the amount he is asking.

Adv Akhtar Ali Sheikh (Property Law Consultant)     11 August 2012

Approachch the lady whom your sellers purchased the land from, ask her to do the conveyance in your favour, this is the safest way to acquire the title in your favour, alternately your sellers to take proper conveyance from her then they sell it to you, your sellers may register it to you  on power of attorney if the donor of power is alive has her poto and thumbis preferably registered.

surjit singh (Assistant)     12 August 2012

Mr Mukunda, please see the agreement wherein whether it is written any thing that the developer can increase the carpet area and ask the money at the market rate. If that is not so do not make any payment and get a written letter from the developer about asking for money for the increase carpet area at the market rate and quitely file a case for specific performance of your contract before the civil court.  Also file an application for restraining the developer to sell the flats, you will see upom this the developer will immediately come down and  settle the matter. at your term.


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