• Site purchase

Dear Sir,
I am purchasing a site in Bangalore,require suggestion of below queries related to purchase.
"A" = Mother
"B" =Elder Son of "A"
"C" = Younger son "A"
"D" = Daughter of "A"

1. "A" purchased site by paying cash in year 2002. (Mother)
2. A has registered GPA in the name of "B" yr 2004. (mother to elder son)
3. Later "B" gave gift deed to his "C". (elder son to younger son)

We are third party so we are arranging for sale deed from mother(actual purchaser of site who is from christian community), Elder Son(who got GPA from mother) & younger son (who got Gift deed from GPA holder). But daughter is unable to come for registration so no signatures are being received from "D".

Pls confirm if we can go ahead with purchase of site with signatures only from "A", "B" & "C".

Also pls confirm if any legal heirs of mother, elder son & younger son will have any rights in this property or we shall buy this site from signatures from these 3 people.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Gpa is to be looked into. If the gpa is for consideration then it has to be dealt in a different manner. If no interest is attached in the gpa then the signature of the mother alone is sufficient since it is the self acquired property of the mother
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
1. Make sure that the said site has not been sold or mortgaged to/with  some body or some Bank,

2. Make thorough search of the ploat both at registration offices and also Courts,

3. If everything is found to be O.K., you can buy the said plot,

4. It is advisable to make the brothers and sister sign the sale deed as confirming parties,

5. If sister is unable to come to the registraton office, commissioning of the said registration can be conducted by calling the registrar to 'C's place.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
You must check the GPA given to elder son whether it us written for sale of property and whether it gives right to gift since gift is admitted by A and B youcan purchase it directly from from c no need if signatures from others
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
So you need not get the signatures of A. B and d you need to get the sale deed signed by c only as GPA gives all powers.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Since the property is presently owned by 'C' due to the valid POA signed by the original owner of the property being 'A',

2. Let 'A', 'B' sign the sale deed as confirming party, trhat will suffice,

3. Collect a NOC from the daughter 'D'.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1)has sale deed for purchase of property by mother duly stamped and registered? 

 2) has GPA given by mother in favour of elder son registered? 

3) was gift deed executed by elder son in favour of younger son duly stamped and registered? 

4) have you take certificate from local advocate that title is clear and marketable ? 

5) if so you can buy property from younger son as he would be absolute  owner of said property
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) you dont need mother signature . mother has given GPA to eldest son . he has executed registered gift deed in favour of younger son . 

2) once gift deed is executed C becomes absolute owner of the property . signature of daughter D is not necessary .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Only 'C' can execute Sale Deed in your favour as he alone will have the legal right to transfer the property in your name and he has acquired the ownership of the property as a Donee from his brother, who is a Donor.  No need to take signatures of 'A', 'B' or 'D'. However it should be ensured that the 'Khatha' of the property stands in the name of 'C' only.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1.as C is now owner only he can execute sale deed in ur favour.

2. signatures of A, B or D are not needed.

3.but verify property documents from local lawyer and then buy it.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, you have to contact any  advocate and get proper advise from him and proceed with the transaction because you have to invest huge amount without proper scrutiny of the documents you are in trouble.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,
 you need to get only 'C' to the registrar office if all the previous chain documents are registered i.e, sale deed of "A' when it is purchased in 2002, the GPA to 'B' and the gift deed to "C'.
 Only check the sale deed registered at the time of purchase of the property in 2002 was from a legal title holder, this means whether the person sold the property to 'A' was legally holding and possessing the title and there was no claim of minors in the property. This can be known by perusing the sale deed.  As it appears from your narration, the gift deed is clear and with absolute title so you do not need any other's signature than "C"the present holder of gift deed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. When you are buying a property, a due diligence is essential to avoid getting entangled in legal issues later on. Mentioned below are some of the safeguards you must observe before you take a call on finalizing the property deal. 

2. The title of the seller must be clear and free from any encumbrance. Before you buy a property, verify the title of the seller.

3. If the sale is being made by a person holding power of attorney on behalf of the actual owner, the said power of attorney should be scrutinized closely.

4. Always verify documents of title to check payment of stamp duty. If the ownership of Property has changed hands more than once, examine all the documents for payment of stamp duty by the predecessors.

5. Last but not the least avail the professional services of a lawyer for vetting of the necessary documents prior to signing on the dotted line as this will obviate the likelihood of getting enmeshed in legal hassles later on.

6. When tested on the above touchstone, C is the absolute owner of the property if the gift deed made in his favour by B is valid coupled with the validity of the power of attorney made in B's favour by his mother A. The POA made in B's favour by his mother A needs to be perused threadbare to determine whether it conveyed to him the right to gift the property. The said POA had to be registered after payment of stamp duty thereon. However, mere compliance of this condition could not have enabled B to make a gift deed of the property. 

7. Do not rush into buying this property. Get the said POA and gift deed vetted by a lawyer to know who is the title holder of the property. The title holder alone can sell.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
A. C is the Absolute Owner of the property. Hence, he has right to sell the property.

B. A.B.D consent is not required while registering the property. However, you can involve D as consenting witness in your Sale Deed if it is required. But it is an optional not mandatory. 

C. Contact local lawyer for verification of all legal documents and check the Register GPA that is their power to sell or transfer clause in the same?.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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