I bought a piece of land through proper registration in Bangalore in 2003-04. The legal owners of the property transferred the rights to me and post registration, I have paid taxes as required with the deeds now in my name and the encumbrance certificate also stating so. However, I noticed recently that the previous owners of the property had received the same on the basis of a power of attorney in the year 1995. The same was registered before a Government Advocate and Notary that year. Please help me understand if the said property has any legal complications for me now and whether I can get a loan against the said property and on the house that now stands on it.
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Dear Concenred
The property in reference is purchased through registered sale deed and hence you hold a clean title of the property. Ideally you should have he complete chain of documents related to the property. In case you don't have it is advised to take a copy of historical ownership record from the revenue office. Which will suffice the need at the time of taking loan.
Best of luck
Thank you sir. I have the chain of documents related to the property. This includes (a) papers related to the registration of the property (done in 2003) in the name of the person who sold it to me and (b) a copy of the said power of attorney that was given to the person who made the sale in 2003. This POA was signed before a Govt. of India Notary in 1995. The bank lawyer is actually objecting to this POA. Is there anything I can do in this case?
There should not be any legal complications
2) you have purchased property by registered sale deed and encumbrance certificate reflects your name
3)the earlier owners could have purchased property by notarised POA as in 1995 registration of POA was not necessary
Dear Concerned,
In presence of the chain of documents ideally - their should be no objection , however you may collect the Historical Ownership Record from the Revenue office which should suffice the purpose. In case the Bank lawyer still objects take his objections in writing and try to get the documents he need.
Best of Luck
1. if that person hold proper power of attorney and right to execute sale deed or transfer that property then your right is proper and legally valid.
2. if there is defect in POA then your right may be affected because a person cannot transfer the better title which he has.
3. you have been in peaceful possession right from the beginning so I think all is well. but you should make some query regarding the POA.
The previous owner had sold the property in the capacity of power agent.
You may ask them to get a ratification from the original owner.
This will solve the problem
The POA agent cannot be the owner.
He might have had a sale agreement registered on his name.
You can ask him to get a ratification to solve the problem
1) what is ground of objection by bank lawyer?
2) in 1995 notarised POA was valid
3) seller can execute deed of confirmation in favour of buyer if so required