Sir, one of my staff member has a dispute with her husband ,they r seeking a divorce, but before that the plot on which the house is constructed will be sold to the wife , i need to ask if its under power of attorney , what steps we need to take to ensure that the husband who is presently the sole owner has not sold to anyone else
Asked 2 years ago in Property Law from New Delhi, Delhi
1) take search in sub registrar office whether any sale deed executed by husband on basis of POA
2)even if husband had mortgaged the house by deposit of title deeds to any third party mortgage would require to be registered
Due diligence which involves a comprehensive title search in the office of sub-registrar should be conducted to ensure that the title is free and marketable. If the sale is through POA make sure that the GPA is registered and the required stamp duty is paid. Involve a lawyer in the process from the outset for every step including the vetting of documents.
The power of attorney concept is not understood here.
Supreme court has clearly stated that the power of attorney is not a valid title and is not legal, hence explain what is power of attorney.
If the husband is willing to sell this property to the wife, ask him to produce the original sale deed and also to cancel the registered power of attorney deed by jointly executing a cancellation deed along with the power agent.
Obtain an encumbrance certificate and verify the transactions and other encumbrances in it till date.
Issue a newspaper advertisement and wait for at least 15 days before executing the registered sale deed in her favor.
Take a legal opinion from a lawyer before finalising the sale deal.
Hi, Wife has to file a suit not to alienate the property till the disposal of the suit before the family Court.
2. Apart from filing suit wife has no other remedy.
1) You can get a Title Search done to find the current status of the property as the search report will give details of any transactions that have been done with the property.
2) The person holding a registered POA is only entitled/ authorised to make a transfer of any king including sale.
3) Ensure that a proper Sale Agreement is drafted if a sale is being done. The husband can make a gift Deed instead and save on the stamp duty as it will attract.