Don’t purchase the property . Original chain of documents is necessary
2) POA executed by seller in favour of his family member is required to confer clear and marketable title to property
I want to buy a resale flat.The seller purchased the flat from builder and registered by issuing POA (unregistered) to his family member as he was in abroad at that time.Now the POA is missing.can I buy this property? or.will there be any issue?
Don’t purchase the property . Original chain of documents is necessary
2) POA executed by seller in favour of his family member is required to confer clear and marketable title to property
See if there is registered deed available and in deed it is mentioned that seller purchased through POA and name and details of POA is mentioned in deed then there won't be any problem taken an indemnity bond and Affidavit of lost POA from seller.
the copy of the POA must be attached to the sale deed between builder and seller
the POA original should remain with the grantee only
so if its lost, then it will not in anyway affect the transaction between your seller and you
you can proceed with the deal
your seller can simply cancel and revoke that POA by writing a letter to his family member to whom it was granted
1) You can make tripartite agreement of sale deed and get this sale deed registered in sub-registrar office.
You can pull a second copy/certified copy of this POA from the registry office. There upon, after doing a due diligence, you may go ahead to make this purchase. No problem.
Dear Client,
Purchase of property is clear but chain of document is missing, without it, further sale or loan may not be possible.
Dear Sir
It is risky to purchase it but if the previous owner ready to come over and sign as CONSENTING WITNESS it is 100 % strong. if original owner send NOC it is 80% strong
If the POA is registered then you can easily obtain a certified copy of the same from the sub registrar office. If it’s not registered then file an FIR to that effect and give a public notification in the local newspaper. After the publication, execute a new POA.
The transfer of immovable property by an Unregistered POA is not valid in law.
Now the POA itself is missing.
This indicates something major is missing in this deal.
The seller seems to be in abroad, hence there can be no convincing answer given by the representatives of the title owner to sell this property. The title holder, since residing in abroad will not come to India to clear the litigation in the future, if anything arises.
It would be better you obtain a proper legal opinion from a local lawyer before buying this property.
1. IF the earlier Sale-Deed was properly Stamp Duty paid and Duly Registered before the local office of the Registrar of sub-assurances, by annexing the POA document, THEN today there is no legal necessity of such POA, for future transactions, provided the present sale-deed is also duly registered.