• Buying a land from power holder

I planned to buy a land in Tamilnadu, but when i proceeded with documents, i was told that the owner is not in India but he provided power(1 week ago) to another person for selling the land. They hold life certificate for the actual owner. Patta is in the name of actual owner. Is it safe to buy this land?. 

If yes, 
Can i use existing life certificate? 
What is the validity of life certificate?
What is the validity of power?
Is patta in actual owner name is fine?

Please guide me.

Regards,
Chockalingam
Asked 5 years ago in Civil Law

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13 Answers

1) is the POA for sale of land registered 

 

2) registration of POA for sale of land is mandatory requirement 

 

3) patta would reflect the name of actual owner of land 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If POA is registered you can purchase the land provided file to seller is clear and marketable 

 contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) If person is NRI/OCI card holder and he has made POA than as per SC citation sale deed will be not valued . I person should be present at the time of sale deed.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Where is the GPA executed? If it is executed outside India then has it been attested before Indian consulate?

2. GPA is required to be mandatorily registered. 

3. Conduct due diligence to ensure that title is free and marketable.

4. If  all above steps yield a positive result then you may buy it. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear client, 

What do u mean by life certificate ?

Through POA sale is valid. Go ahead but don't lapse to check non encumbrance.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If the POA is registered and conveys clear intention of circumstances in which power has been given and after having satisfied with all other documents, you can go for purchase.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

A Special Power of Attorney either to sell or to manage the property.
Before buying check if POA is registered then you can proceed.

A Patta is one of the best proofs of ownership of a particular property. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can use. No validity for POA.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

See it is safe to purchase a land on POA , life certificate can be deemed valid for 3 months, yes on patta actual owner name is always there. Validity of power is as mentioned in the Power of attorney. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes it is safe if the POA is registered, there wont be any issue,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If the power of attorney deed is by a registered document, then you may confirm that when it was executed, whether it was done in India or in the foreign country.

The life certificate has to be accompanied with the GPA deed to confirm that the power agent is alive.

After that also you may obtain a legal opinion before finalising the deal.

 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If the POA deed is a registered document, you may produce all other relevant documents before a local advocate and get his opinion before purchasing the property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Who has issued the life certificate? You cannot rely on the life certificate alone. Please get the contact details of the owner, and contact him/her in order to ensure he has issued the PoA. Verify with the registry to ensure that the PoA has not been revoked yet, and remains valid as on date.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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