We are looking forward to buy a property in nizampet hyderabad. Following is the scenario. Person A has given GPA to person B which is registered at registrars office. In this GPA which is registered it is mentioned that the GPA holder is given the right to take advance for the land or to enter into agreement of sale". This GPA holder sold the land to person C which happened through sale deed registered at registrars office.We are buying it from person C. so, will the transfer be valid and can we buy it from person C? Does person A has the right to claim in future that its his property?
On basis of registered POA executed by A in favour of B he can sell the property to C by registered sale deed
you can buy property from C
check whether original documents of title are with C
whether all property taxes paid till date
whether construction has been done as per sanctioned plans
But it is mentioned in the POA that person B can only take advance or enter into agreement of sale, whereas he sold it.. so, is it a legal transfer of title from person A to C? We will go ahead as per your suggestion sir...
If it is mentioned that the holder can only take advance or enter into agreement of sale, the sale deed executed would be void.
Don't buy this property, until and unless he gives a deed of confirmation to C, thereby giving his assent to the transaction
A can execute deed of confirmation in favour of C
2) it should be duly stamped and registered
3) you can then purchase the property
4) once power is given to execute agreement fir sale B could ha ve executed sale deed
No it's valid. You can take a indemnity bond also for added safety.
A has authorised B to sell the property on his behalf by executing a rgistered POA deed .
B, on the basis of the registered POA deed has transferred the property to C by executing a registered sale deed during the lifetime of A.
The transaction is absolutely valid and the buyer i.e., C becomes the absolute owner with clear and marketable title to the property by virtue of the registered sale deed on his name.
Therefore the seller i.e.,m C can very well execute a registered sale deed in favor of any prospective buyer in the capacity of the absolute owner of the property.
You may proceed with the purchase however to exercise abundant caution you may obtain a legal opinion from a local advocate before proceeding with the purchase.
See if the POA has no mention about execution of sale deed then the transaction is not valid A can claim the property there needs to be a confirmation deed from A to C.
if in POA power of sale agreement is only there no power to sale transfer and execute a deed then it is not valid.
Since you are getting such doubts, it may not be proper to render any opinion in this regard without seeing the document what you refer to hence you were advised to obtain a legal opinion from a local advocate who will notice all such defects and may suggest you proper steps on this or he may even not recommend you to buy the property due to the said defect.
You need to obtain a copy of GPA and the documents relating to property. Many transactions of properties are done through GPAs. But without going through the GPA and property purchase document its not advisable to give opinion.
C has taken the risk, as POA is restricted up to receiving advance and execute agreement to sell, actual sale deed will register by own only or he further authorises B. Well, all acts of B are binding on A, so you can directly file case agasint A for default.
But sale can be challenge as without authority or B acted above authority.
Dear Client
As mentioned in the GPA that B can enter into an agreement with any person. and if the sale deed is registered at the sub registrar office on the name of "C" then it is valid transfer.
now if A does not get the consideration of sale from B than he can claim it from B but the sale cannot be revoked as it is not registered at the office of sub registrar.
