Hi I'm planning to purchase a property in Bangalore from x where x(sole owner) bought the property from y in 2014 y(sole owner) bought the property from c1(c1 has GPA from p) in 1999. now p has 3 children c1,c2,c3 all adults. c1 has the GPA from p( where p got this property ancestrally). at the same time, c2 and c3 gave GPA to p. so, c2,c3 gave gpa to p. p gave gpa to c1. Now I'm wondering if this is absolutely fine and can I go ahead with the purchase of this property?
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You can purchase the property as c1 had power of attorney from his siblings for sale of property
2) no suit has been filed for over 20 years to set aside sale of property
3) obtain a title clearance certificate from local lawyer before you purchase the property
Thanks, Ajay for the response. A few things I want to add c1 has gpa from p not from c2 and c3. p has gpa from c2 and c3. so c1 doesn't have gpa from c2 and c3 directly. Is this still fine? Not sure if this is relevant. The property has been under the mortgage from SBI for the past 20 years. Will this information reduce my risk of purchasing the property?
A power agent cannot give power to another power agent om behalf of his principal until and unless so authorised by the principal to do such ct.
However more clarity can be found when the property related documents are perused and scrutinised properly.
You may obtain a proper legal opinion from a local lawyer and proceed only if recommended.
1. We have to check as to, whether 'p' has only 3 children including daughters.
2. Whether 'p' was alive when C1 transferred the property to 'y'?.
3. Get the property papers evaluated by any Lawyer and obtain his opinion, before proceeding further.
P got certain property from ancestor. P has three children C1, C2 and C3. P gave GPA to C1, C2 and C3 also gave GPA to P. Y purchased property from C1 through GPA in 1999. Y sold property to your vendor in 2014. Here is some confusion. When P gave GPA to C1, C2 and C3 should have also given GPA to C1, why GPA to P. A GPA cannot give GPA to again. Though there is break in link, C2 and C3 are aware of transaction in 1999, they cannot question the transaction as they are out of limitation.
Following are the documents to be checked…
It's better to avoid as it can lead to prolonged litigation later
GPA should have been in favour of C1
P was holding power of attorney from C2 and C3 he could not have delegated his power to C1 unless he is expressly or impliedly authorised to do so. But if he appoints a delegate under an express authority, that delegate is not a sub-agent, but an agent or attorney of the principal himself.
don’t purchase the property
From your next post it can be seen that P was the absolute owner of the property hence he had given power to his son C1 to transact with the property.
If the P was an absolute owner of the property then there was no necessity for C2 and C3 to give power of attorney deed to P.
P is not bound by any dictates given by C2 and 3, hence this power of attorney deed given by C2 and 3 can be set aside as unnecessary.
Besides the property documents are with the bank as collateral security for the home loan and the loan is to be discharged in full, hence there should not be any doubt about the clear and marketable title
However it is advisable that you better obtain a proper legal opinion from a local lawyer and proceed only if recommended
Dear Client,
Yes.Since bank has done due diligence while sanctioning loan so hopefully you should not face any problems.
Thanks & Regards
