You should not accept the agreement signed by party Aand party C as your consent was not taken before entering into such an agreement and it may lead to disputes later.

The actions of the broker acting on his own makes the entire deal a little suspicious and shady.

C's name should neither be added as a confirming party, nor a party to the agreement.

Also, consider changing your broker as it is very apparent that is not being entirely honest with you and and get the title check and due diligence done of the property on your own, before proceeding ahead.

1. Both options are legally valid and sound you can either ask them cancel and enter into new agreement with you or C can be confirming party there is no harm in both.

2. See take original agreement between them and there is no harm if party C gives consent as confirming party.

3. No once sale deed is perfectly done party A and C has no further role you shall be absolute owner and you can transfer the proeprty.

1) you should not enter into any agreement with C 

2) sale deed should be executed between A and B only 

3) agreement between A and C  be cancelled 

4) if you add C as confirming party in event of sale or bequeathing of property C consent wound not be required 

You can go for tripartite agreement where all previous party will be included in the agreement so you will be safe.

1. there is no legal impediment if all of you enter into a tri partite agreement wherein the Party C would jin as confirming party. This is more viable option than first cancelling the agreement  by him and then entering into the agreement with the original owner.

2. Same as above.

3. same as above.

4. Once you complete the purchase and make a registered sale deed then you become its exclusive owner and hence can deal with it in any manner you like.

The agent may not be proper and the fact of this agreement with the private financier may not be genuine, you may be trapped at a later date if not now, hence you better get a legal opinion about this from a local advocate by producing all the relevant papers and proceed only when recommended. Again do not go to the advocate recommended by the agent.

In your sale agreement with the seller, why do you want a third person to be added unnecessarily, there wont be any purpose solved by such an act.

This may create a problem when you want to sell the property in future or transfer it to anyone of your choice.

He should not be added as confirming party in the sale deed.  Whatever transactions he has should be separately done in another agreement if you wish to take the said funds. Without any claim in the said property it's not ideal to include him as confirming party

1. not advisable to include C as a party to the agreement to be entered between owner and you

2. C has paid the owner. So he has a charge on the property now for the money which he paid to the owner. That money would obviously carry interest

3. so that means if you enter into such a agreement as suggested by the financier then you would step into the shoes of the owner and become liable to refund the money with interest to C 

4. but you are not aware on what terms C advanced the money to owner. So how can you be bound by it?

5. so first check the terms between the owner and C and the rate of interest agreed between them

6. you also need to inform this to your lender bank

7. if your bank is agreeable then the dues of C can be settled by your bank and C can then sign the agreement as confirming party wherein it would be specifically stated that he does not have any right on the property since he has received the full amounts towards final settlement of his loan to owner

8. Alternately your bank can directly pay the owner and he can in turn pay to the lender C and cancel agreement with him and share the cancellation agreement with you

9. but in my opinion it would be safe if you insist that the owner first settle his dues with C and then only you sign agreement with owner. That would be the most safest. Because unless the owner clears the dues of C, his title to the land will remain non-marketable. He has to discharge the loan first 

He will charge you heavy interest rate. For whatever reason, don`t include C. Neither it is feasible to allow third party in the deal.

And once, you purchased the property and clear all payment, you are free to give it any of your choice

2. Agreement with party C in advance with the condition that the original agreement will be cancelled within 7 days from the date of addition. 

1. yes, it is safe 

3. No, party C will have no role. 

Regards 

Dear sir

1. Adding party C as confirming party is not a bad option in current deal. This aspect of confirming party comes mostly in cases of buying properties having several claimants and if the purchaser intends to purchase by settling with all the rival claimants at the time of purchase, other claimants would be shown as confirming parties. To avoid any sort of further litigation, when the purchaser has the knowledge that some other claimants also claiming some rights (either in courts or otherwise) over such property and he is willing to settle the disputes with such other cliamants can show them as confirming parties. It means though they are not entitiled over such property with absolute rights and confirming the sale transaction by joining with the sellers/vendors.
2. Adding party C in the agreement of sale deed as conforming is a safe option and does not need any precautions 

It would have no impact at all, until and unless you have given your power of attorney to someone.

Is the GPA executed by you attested before Indian consulate? 

It would not have impact in cancelling agreement 

No

Your father will be acting on your behalf on the basis of power of attorney deed on his name.

Where is the party C coming in this picture as confirming party, why at all you want to include such a character in this if it is not necessary.

Cancelling the agreement can be done by your power agent also.

No it won't have any impact.

1. Generally the the part also having a claim on the property being sold, acts as confirming party if his interest is fulfilled from the deal.

2. In the instant case, the financier has no claim on the said party for which I n find no rteason for him to be the confirming party in the subject sale agreement.

3. Avoid the steps suggested by your broker and deal with the seller and also the Financier seperately and individually.

1. Executing POA in favour of youyr father is perfectly valid as per law.

2. He can do the things as have been mentioned by you in the said POA.

Cancellation of that agreement will be good.  I don't advise for confirming party

Than  allow party C as confirming party

1. Ask your father not to use the POA for signing on your behalf in the agreement to be entered into between you and seller, unless the loan issue of C is resolved by seller owner

2. i would still not advise to have C as a confirming party in your title document as apart from being risky it also unnecessarily complicates your title. 

3. you as a purchaser have to be more vigilant and take a clear and simple title through agreement between you and seller only and not any third party like C

4. In future when you go to sell this property and the buyer is financed by a bank, then the lender bank would raise all sorts of objections against the inclusion of C in your title document and this may delay the loan sanction of your buyer and consequently your sale deal may get delayed

No.

1. As per the information mentioned in the present query, makes it clear that the main question herein is the point of adding the C as confirming party in the agreement or not.
2. Yes, there is no legal repercussion if you go wisely by adding the purpose of putting C as a party in the contract.
3. As you would be going for the bank loan then state in the agreement that at the time of sale deed you would return the money to C and thereafter he won’t be having interest in the property.
4. Yes, GPA can be allowed in the favour of close relative after the recent judgment of the Hon’ble SC.

As the property has been mortgaged with some Bank, seller would have to obtain NOC from the bank before registering it in your name.

You are absolutely right to state that Banks gives the due diligence works to their penal advocates and pay them very nominal amounts, therefore the quality of legal opinion and due diligence report is not up to the mark in most of the cases, so you cannot rely on their opinion.

Get the due diligence done through your own advocate in order to be on the safe side.

You can contact local lawyer and ask him to do 30 years title search 

2) obtain certificate from him that title is clear and marketable 

What you heard about the cooperative bank mortgage loans is almost true in many cases. 

You may have to exercise abundant caution while finalizing the deal in such cases. 

It would be advisable that you take a proper legal opinion from  a local advocate.

Yes there interest rate are highest but they have minimal documents and procedural hazards than natijnalised banks. 

1. ascertain the pending loan amount. Ask the seller to provide with the bank's letter stating its outstanding dues against the mortgage loan

2. then take a letter from the owner stating that he is instructing you to directly pay his lender bank on his behalf

3. the payment to the seller's bank will be considered as payment to seller towards consideration

4. once the payment is done to the co-op bank, take a loan closure letter from it

5. this will take care of the charge of the co-op bank. Details of adjustment of consideration for repaying the seller's loan can be stated in the agreement/sale deed between seller and you

See if the property is already mortgaged then the bank need to release the property the owner need to pay the loan and get property documents and mortgage released

Take loan from a nationalised bank ot would be better.

1. Mortgaged property can not be dealt with in any way without the written consent of the mortgagee.

2.For buying the said property, you shall have to enter in to a tripartite agreement with the said co-operative bank, yourself and the seller/mortgagor by which you shall make payment to the account of the seller/mortgagor maintained with the co-operative bank after the property is registered and the said Bank will recover its dues from the sale proceeds.

encumbrance certificate should be sufficient 

better take 30 years title search

See you can take an indemnity bond for safety though if encumbrance certificate is clean all chain documents are available you can go ahead with purchase also you can get a title search report from advocate.

Execute an indemnity bond for additional safety if required

1. You shall have to make registry search to find out whether the said nproperty or any part thereof has been sold/gifted/settled/conveyed or not.

2. You shall have to check the originals of all the link deeds to ascertain thatr the property has not been mortgaged or mortgaged multiple times.

3. Since the property has already been mortgaged, register a tripartite agreement as suggested in my earlier post.

Indemnity bond is a legal document which ensures/ indemnify any contingency loss to you if occured related to said property.  Seller executes the same in favour of buyer. 

Registry search is a search which discloses title and registration details of the said property

1. Indemnity Bond is kind of gurantee that  in case anything goes wrong or a suit the other party pays all the cost and keep you indemnified. It can be made on 100 RS stamp.

2. No you can just check in the jurisdictional sub registrar office. As property can be registered there only.

Get copy of EC  from the department by applying for certified copies.

Indemnity bond is to indemnify you in case any claims are made from third parties 

2) you can contact local lawyer to take 30 years title search where property is situated 

1. Indemnity Bond is a legal instrument binding on its executor by which he indemnifies the mentioned person for any loss or damage caused for some act of himself.

2. You shall have to conduct search with the Registry offices where the said property is allowed to be registered.

3. Engage a local law clerk for conducting the said search.

1) Indemnity Bond is the agreement executed agreeing to indemnify the loss that may occasion in future on account of act favoured to the executant. 

2) registery search means that you should check the transaction done on the land you are planning to buy. 

indemnity bond is undertaking that in event of default you will be responsible to compensate. 

"Registry Search" - Title search at sub registrar office i.e EC. 

1. You will have to get the same done through an advocate 

2. No just one registrar office 

Get in touch with some local advocate who may help you in the same. 

Regards 

Your enquiries and searches for the property title and also the genuineness of the property that is proposed to purchase will not provide you proper and complete information, hence it it is advised that you better obtain a proper legal opinion from a local lawyer who is conversant of local laws and the prevailing conditions and also skilled in such civil matters.

For what do you want  to get an indemnity bond, it is to indemnify the other party against the losses that this party may cause to him in the future by any act or for any reason.

It is called as tracing of title or search in the registrar's office, your advocate will be able to do it for you, you can entrust this job to an advocate because as an individual you may not be able to do that.

It should not create any problems as Khata number , taluka , village number are mentioned 

See the site no. And the society name are all.correct writing or not writing main road won't make a difference . There won't be any issue if main road is left out.

It may create difficulties in future to sell the same it's will be better if you go for rectification deed

This will not effect the position of your property on ground and will not have any adverse effects on your ownership rights.

1. This is an incomplete schedule of the property mentioned in the sale deed.

2. the Cross Roads in Bangalore are associated with the Main Road.

3. Since you have recently registered the sale deed, it will be prudent on the part of yourself to register a rectification deed immedioately duly mentioning the name of the Main Road  to gt rid of the futurev problem, if any.

No this will not create much problem. Do not worry about the same