• Buying property of sale deed and general power of attorney

Hi,
I wanted to buy property.when I checked paper of seller it is written sale deed cum general power of attorney.i will not use names of previous owners instead I will use alphabets.
"A" was pattedar of this property.when he died his only son inherited the property.lets suppose "B" was his son.B sold this property to C and D through General power of attorney in the year 2010.then C and D sold this property through sale deed cum general power of attorney to E.and E sold this property after 3days of registration to F through sale deed cum general power of attorney.now I will be buying this property from F.is it safe to buy this property,and what are the things to check?
in the encumbrance certificate it is also mentioned sale deed cum general power of attorney.
Asked 12 months ago in Property Law from Warangal, Telangana
Religion: Muslim
kindly check C and D General Power of Attorney in the year 2010 is registered or not if it is registered ask them to show the gpa and find out whether sale power is given to C and D , if E and F also have the right power of sale in Sale deed cum general power of attorney then you can proceed with the sale , kindly check property tax , LRS , electricity bill
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1) don't purchase the property unless you show all the papers to local lawyer 

2) take 30 years title search 

3) obtain certificate from lawyer that title is clear and marketable 

4) transfer of property has to be by sale deed in order to confer clear and marketable title 

5) if B had executed GPA in favour of C and D then they ought to have sold the property by sale deed to E 

6) I do hope that sale deeds are registered and proper stamp duty has been paid 

7) without going through the chain of documents we cannot advise whether to purchase or not 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
A. Whether all the GPA was duly executed by paying sufficient stamp duty and registration before the Sub Registrar or not?

B. You have to check as to whether GPA executor was alive at the time of execution of Sale Deeds. Because, if the GPA executer died during the existence of GPA that would get automatically cancellation.

C. As per the latest Supreme Court decision unequivocally established that GPA cum Sale Deed within the family and the same executed by the builder to the customer would be valid. Otherthan the above said transaction will be invaild. However, in your case, the Sale executed very long back. Hence, you need to concentrate aforesaid points.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
The sale deed cum general power of attorney deed term is little confusing.
No doubt a registered sale deed executed in favor of the buyer by a vendor is valid and one can be safe about it. However the term General Power of attorney deed is bit confusing.  If at all the vendor got a registered sale deed on his name there was no necessity to get a GPA deed on his name simultaneously.
This is a matter of a huge investment hence any wrong move may land you in trouble resulting into heavy monetary loss.
Therefore it is advisable to take a proper legal opinion from a local lawyer by producing the relevant papers before him before venturing into this investment.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. Were all those sale deeds cum general power of attorney registered?

2. If not, then none of the said titles are valid for which it will be prudent on your part to avoid buying this property,

3. If all those sale deeds cum general power of attorney  were registered and the property as of now stands in the name of E then you can buy the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
5.0 on 5.0
The sale of property has to be through a sale deed, whereas a power of attorney can only confer the power to sale but it has to be registered. You should engage a lawyer to carry due diligence of the property, in which process the sale deeds should be inspected threadbare to ensure that the title of the property is free and marketable. It should also be checked that the property is not embroiled in dispute in any court of law.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1)visit the sub registrar office and contact any search clerk . he will take 30 years search of the property and submit search report 

2) ask for original documents from A . if property is mortgaged then A would not have originals 

3) as to whether property is involved in any litigation and stay is granted by court you can take search in court records of your district . 

4) generally in sale deed there is indemnity clause wherein seller agrees to indemnify the purchaser in case any claims are made on  the property 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
as per your question No.1  you can get the 30 years of encumbrance certificate from sub registrar near by area where your land.
as per your question No.2  you can get the detail in Mandal revenue office and Revenu Division Office and check the Land Record , Town Planing .
as per your question   No.3 you can get the detail of court as per jurisdiction of the property .
as per your question No.4 in encumbrance certificate you will get the loan status on your property
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1. Title Search means checking from the Registration office about the title holders of the said property for last 30 years. It gives clear view of the flow of the title of the property and it also ascertains whether the vendor, as per the records, is the title holder of  the property or not. You can conduct the said search through a local lawyer having expertise in this field. Cautious buyers even collect certified copy of the last title deed to be sure about title of the vendor,

2. It will be difficult for you to find out whether A had only one son or other legal heirs also. Engage a lawyer for that matter,

3. The court search shall have to be conducted by a local lawyer,

4. Property is mortgaged while taking loan by depositing the original title deed. So, if you get all original link deeds from  the vendor, it is established that the property has not been mortgaged.
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
5.0 on 5.0
First you check whether there is any  encumbrance in the property by verifying  encumbrance certificate from Sub registrar office .Through a  local lawyer scrutinize all the documents related to the property . 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Thirty years title search can be made by filing an application with the registrar and on payment of prescribed fees, the purpose can be solved.


The Pattadar details can be confirmed from the revenue department but the family particulars can be extracted only through some reliable sources.



Until  you dont get information about it from reliable sources, you may not be able to confirm this info.



For mortgage loans, if the property mortgaged and the same is registered, you can find it out from an encumbrance certificate.


that is why is is advised that a proper legal opinion from a local advocate is to be obtained before buying an immovable property. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
This can be done only through a local lawyer, so engage one. Once you engage the lawyer you will not have to run here and there,
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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