Yes. You can purchase the property without any fear as both Mr.X and Mr.Y were signatories to sale deed in favour of Mr.Z nine years ago. You can be rest assured that there will be no issues at all.

Yes,since both x and Y signed the sake deed while Z purchased the property no dispute can come from X or Y.

In that even if Z has otherwise good title then he can surely sell the property to your daughter.

Contact a local alwyer and get the title of the property searched from local Registration office.

1) your daughter can purchase the property from Mr Z

2) it is necessary to peruse various documents cited by you to advise

3your daughter should contact a local lawyer and based on his opinion that title is clear and marketable purchase the property

Since the sale deed in favour of Z is signed jointly by X and Y there cannot be a claim by X that he has better title than Z. His claim, if any, can only be against X for recovery of money. Tell your daughter to conduct due diligence before purchasing the property, which process will require a lawyer to make a threadbare perusal of all the documents of title and also a possible title search to be conducted in the office of sub-registrar.

1) since Mr X received Rs 250000 more and has signed sale deed you wont have any problem from Mr X

2) further Y has also signed sale deed an accepted consideration received by him of Rs 5.50 lakhs

3)whether Y received lower amount that purchase price is immaterial .

Hi

1) A sale cum GPA is different from actual sale deed. In fact Sale Cum GPA has been prohibited from the year 2011 onwards following a supreme court judgement.

2) A sale deed has a better title than a Sale Cum GPA

3) In your case, the person(Mr.X) who gave the initial power of attorney, has by himself executed the sale deed along with Mr.Y(GPA holder) in favour of Mr. Z

4) To clarify, Mr.X has more powers than his GPA holder. The powers of GPA Holder cannot be more than that of the person who granted him the power of attorney.. Hence the legal heirs of GPA holder(Mr.Y) cannot have any claim.

5) Since it is a sale cum GPA, if X received Rs2,50,000-/- more from Mr.Z and Mr.Y received Rs2,50,000-/- less from Mr.Z, the relationship that prevails is the GPA .

6) So as a GPA holder, Mr.Y or his legal heirs cannot question the amount that was paid to Mr.X or ask for more compensation from Mr.Z on behalf of Mr.Y.

7) Moreover technically and legally, Mr. X and Mr. Y have voluntarily come forward to execute the sale deed in favour of Mr.Z by passing the GPA and making the GPA redundant. The sale deed will prevail over the Sale cum GPA and in your case Sale cum GPA is of no legal consequence.

Hence the Sale deed executed by Mr. X and Mr.Y is the correct and legal way of executing a sale deed and they have done so by executing the same in favour of Mr.Z.

Hope this helps.

The sale deed is jointly signed by Mr.X and Mr. Y. The property is under possession of Mr.Z since nine years. My daughter want to purchase the above property from Mr. Z. Can my daughter purchase the above property with out any legal issue.

Since X had given power of attorney deed to Y to sell this property, Y sod the property on that basis and X joined Y in execution of registered sale deed to Z.

There seems no legal infirmity in this and as far as the consideration amount between X and Y is their problem.

Your daughter can very well buy the property now from Z and if she wants legal opinion about the property she can have it from local advocate before proceeding with the purchase.

Thank you so much for your reply . But Mr. X balance amount to be received from Mr. Y is Rs. 50000 only as per agreement of Sale cum GPA. However Mr. X received Rs.250000 more and Mr. Y received 250000 less from Mr. Z. Is there any chance of claim from Mr. Y or his legal heirs in future. Please advise.

The amount to be received by X or Y shall be their own problem, it cannot be linked to this property.

The remedy of X, if any for recovery of money, is only against Y and not Z.