you will have to find first owner and the property freehold ,and after that you can sell it as from sep2011 onwards GPA is not valid
Hi Sir - i am the 3rd owner of my flat. All the transactions have been through irrevocable GPA. First owner's name is reflecting in municipality docs and share certificate. My name is in possession in electricity bills.i am living here since last 15 years. How do i execute sale deed in this case? Only second owner is in my contact and willing to cooperate.
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you will have to find first owner and the property freehold ,and after that you can sell it as from sep2011 onwards GPA is not valid
Hi, you have to find out original owner then execute the sale deed......even thought it is difficult task but you have no option.
you mean to say no sale deed has been executed . Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property,"
you have to get sale deed executed and transfer property in your name . then only you can sell the same
A general owner of attorney (GPA) will not pass the ownership to the subsequent buyer. Sale deed alone can transfer the ownership. Unless the sale deed has been executed the purchaser does not become owner of the property in question.
Since you do not have ownership of the property you should first assume ownership thereof by filing a law suit to legally obligate the builder to come forward and make the sale deed. Thereafter it can be sold by you.
Thanks H'nrable Sirs! I am the third owner, can i still file a lawsuit against builder for sale deed? If yes, then what should be the objection? Secondly, if i can get the copy of sale deed from builder to 1st owner - if its there in registrar office - can 2nd owner who has irrevocable power of attorney, execute a sale deed in my name?
1) builder must have executed sale deed in favour of 1st purchaser . since 1st purchaser name is reflected in share certificate and muncipial records . subsequent sales must have been through GPA
2) you cannot file case against the builder . you have purchased property from 2nd purchaser . you have to file case against him to direct him to execute sale deed in your favour
Hi Ajay Sir - 2nd owner is willing to execute sale deed in my favor. But he hasnt received sale deed from first owner. So in this case how do i proceed? I am living in this house since last 20 yrs.
how can he sell untill and unless he is a owner,you are requested to hire an advocate for a proper advice
Yes, i was talking in line with Ajay sir. I have connected with local advocates - many of them - but they are not able to show practical way out of this mess
the problem is when you purchase properties you dont hire services of lawyers . what were you doing for 20 years . ? is the first owner dead or alive ? . let first owner execute sale deed in your favour
Actually, my mother was a widow then and i was 10 yrs old. Its only now when we tried to sell we came to know about this mess. First owner's whereabout is not known and she is untraceable.