• Buying property , which was bought on spa

I am trying to buy a property a farm plot, near Hyderabad and where a company sold the property to Mr.''J'' about 12 years ago but here the scenario is that Mr." j " used a special power of attorney Mr. "k" to buy it on his name ( Mr."J"), now " J" wants to sell it to me , can I buy it cause all of the people involved were involved in sale deed signed and photo graphed in registeration office but the scenario is that , they might have not registered the spa document( special power of attorney) , can I buy such property
Asked 6 years ago in Property Law
Religion: Muslim

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12 Answers

This is my response to you:

1. Find out if the SPA was registered or not;

2. Since it has become compulsory to register a Power of Attorney especially if it has a sale clause in it;

3. Only if the documents are clear, the title is clear, the title search report is there with you, the 7/12 or 8A form is present, if there is no other claim and there is no pending case/dispute in court then go ahead with the purchase of the property;

4. Engage services of a local lawyer or you can yourself approach the Registrar and find out about the SPA if registered or not.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

If the SPA was not registered then I would not advise you to purchase the property.

As it might be the case that the SPA executor challenge the sale proceed and the further sale deeds, or either before purchasing the property get in touch with Mr. K or his/ her legal heirs.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hello,

You should go to he SDM office and enquire about the land record of the plot. An account of the previous 25 years of ownership of the plot can be obtained from the office. It will show who had the land before you and whether j transferred it to k and whether a mutation has been done in the land records.

Regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

12 years registration for POA was not mandatory

2) notarised POA was sufficient to sell the property

3) it is better you get the title deeds vetted by Lawyer before you purchase the property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi, if the property is registered in the name of previous owner with the registrar , you can purchase the property .. For precaution , you can make ex-seller also a witness in the sale deed from the current seller

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello

It's better to check the details available on record of land requisition title ship and vahai khatha on their official govt municipal registration office.

Their is difference of 12 year it means it must have recorded.

And if the title is clear you can go head follow uo checking with the authentication of POA.

Or if it is false and fake or fraudulent POa can objected in the CIvil court later

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1. If there is any issues with regard to the genuineness f the SPA it is better you by this from the original owner itself.

2. While ding so to remove any scope of dispute get the signature of the attorney as well on the sale deed as a witness.

3. However no property is advisable to buy without getting it checked from the local advocate. So meet a local lawyer and get all the relevant paper scrutinises as without seeing the papers it is hardly possible to make proper comment on the title of the property.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Check the sale deed and in who's favour (name) which is executed ? If the property is in

the name of Mr. J and he paid the selling price then he is competent to sale the property. Better you will apply a purchase loan and check all the document through bank's advocate . If the lawyer give advice that the property is purchasable one then move forward.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Sir firstly check the revenue records from the revenue office. Take certified copy of the records.Get title report of the property from local lawyer.

Further check registered sell deed if it was executed in J name and SPA was attached to the sell deed. Further if SPA is signed and notarized then there is no issue.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No if you buying any property via SPA then it should be registered as if not registered you cannot denote the truthfulness of the documents as notaries and signatures are a simply thing. Ask for a registered GPOA or SPA then take further steps

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Firslty, sir though there was a time when property transaction by SPA or POA or GPA used to be said a valid transaction.

Secondly, but now, after the latest Supreme Court judgements the practice has seen a hold on it due to the fraud cases with regard to the same.

Thirdly, if still then you can buy the same if the SPA is for any close relative of the owner otherwise I advice you to not to go for the same.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

The registration of special power of attorney deed was not mandatory at that time, hence the seller can execute the registered sale deed in favor of the buyer through his power agent on the basis of an unregistered power of attorney deed also.

There is no legal infirmity on that count, if you are satisfied on all other issues you may proceed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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