• Conveyance deed can be executed by GPA holder

Sir I am going to purchase a flat in Dwarka sec 22 in CGHS society.The allotee have given power of attorney in 2005 to Mr b.and b has registered conveyance deed executed by mr b.issued by dda and registerar in 2017.can we buy this flat
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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13 Answers

Hi,

You may buy that flat.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Conveyance deed can be executed by GPA holder 

 

check whether OC has been issued all property taxes paid or not 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

Sale deed is executed by flat owner in favour of purchaser 

 

apply to society for transfer of share certificate in favour of purchaser 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

1. First check whether share certificate was allotted in the name of your seller or not.

2. The transfer deed on the basis of a registered GPA s otherwise valid.

3. However without seeing all papers physically it is difficult to advise on clear title of the property and hence do get these checked by a local advocate. 

4. Talk to the secretary of the society to verify his title and mode of transfer of the share certificate. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes if there was a power of attorney based on same a deed was executed then you can go ahead and purchase the flat if there is no dispute pending on same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It can be transferred through sale as previously in CHS only shares were transferred and based on same share certificate was given but now it is mandatory to register conveyance deed for transfer in CHS along the transfer of share certificate. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  It is immaterial IF the POA holder has executed the Sale Deed, which would be legitimate enough, PROVIDED the Sale Deed is properly Stamp Duty paid & Registered.

2.  Property is conveyed under "Transfer of Property Act"

3.  Membership is transferred under the Societies Act.

4.  Both above are independent and have nothing to do with each other.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

 

- You can proceed with same, however do ensure to check the property documents properly and get it check by Society and CGHS office.

- Also check if previous owner has cleared all the liability in terms of Water Bill, Electricity Bill and Society/ Maintenance bill etc.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Of the society is in existence the membership can be transferred from earlier member to you.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Contact a local lawyer without going through documents it is not possible to advice you proper. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the power of attorney deed is still effective i.e., if the principal of the power agent is alive and the POA deed is still in force, then you can go for the purchase provided all other aspects are found to be satisfactory, you may get a legal opinion from a local lawyer also to be doubly confirmed.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

The membership in the CGHS can be transferred to the name of the purchaser by the seller giving NOC to this and the buyer complies with the necessary formalities ion this regard including the payment of transfer fee.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have inquired about the property and that is very appreciable as people don’t do much at the time of buying then later regret on their decision.
  2. Yes, it is safe to buy the property as the property is registered in the records of the registrar’s office.
  3. And at that time execution of POA or GPA or SPA was allowed unlike now as it has been stopped by the SC in the year 2017.
  4. You just do one thing more if wish to, appoint a lawyer and ask him to inquire more about the property from the local police station and court records of any dispute there or not, would help you for sure.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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