Transfer of property
Amit
(Querist) 10 April 2014
This query is : Resolved
My father bought a property in noida through general power of attorney. the GPA is in my father name along with stamp in writing by first owner that he is selling the house to my father in x amount. Also my father is missing from last 16 years and I need to sell this property so can I(legal heir) is able to get mutation in my name and then sell this property. The property was bought in 1987. We do not have any contact with the first owner from over a long time and dont have any clue about his whereabouts. Please throw some light on this.
Advocate M.Bhadra
(Expert) 10 April 2014
After lodging a missing diary to the Police,you can file a suit for Declaration of Civil Death in the Civil Court where the property is in schedule.
Anirudh
(Expert) 10 April 2014
Dear Amit,
Just on the basis of the GPA the title to the property cannot be claimed by your father.
Even if your father is with you now, he will not be able to sell the property as he is not the owner of the property.
You have a big problem in your hands.
Amit
(Querist) 10 April 2014
thank you both. But What I want to highlight is that there is a declaration from the first owner on stamp paper in the name of father that he is selling property to us. wouldn't that be of any help to us.
R.V.RAO
(Expert) 11 April 2014
sri Anirudhji is absolutely right.remember what supreme court also cautioned on transfer of immov.property by POA as shown below.
There cannot be a transfer of title in an immovable property by execution of a sale agreement/general power of attorney. Any presumption of transfer of title by execution of a sale agreement/general power of attorney is not legally valid.
Now you want to sell the property.
contact a property advocate and he helps you in the following steps and also any other steps which he feels necessary ,in this regard.
get a civil court declare your father
( the missing person for 7 years) as civil dead.this serves as death certificate.
as you need the succession cert. for immovable property, the same you will get from district magistrate office.by filing 2 rs. non juditial revenue stamp application with deth certificate,and get succession certificate.
now you put an ad. in news papers /property websites/word of mouth also about the property available for sale.but make it clear about POA sale to your dad,and that you intend to sell based on all legal documents like death cert.& succession cert.
your property advocate may also suggest some more effective steps to help you sell the property.but be honest and transparent about all the facts, surrounding the property.
then get the district magistrate issue a succession cert.to you confirming you are the successor to your father and his property
R.V.RAO
(Expert) 11 April 2014
the last para of my above reply is repetition.pl. avoid the same.
Dr J C Vashista
(Expert) 11 April 2014
File a suit for declaration that your father was owner/purchaser and transfer of title in the name of LRs of your father, after getting him declared as "dead" on the presumption that he has not turned up for such a long time (minimum 7 years).
malipeddi jaggarao
(Expert) 11 April 2014
Agree with expert advice of Mr.R.V.Rao. Where does the property situate?
ajay sethi
(Expert) 11 April 2014
agree with MR anirudh
R.V.RAO
(Expert) 11 April 2014
thanks. sri jagga rao garu.
T. Kalaiselvan, Advocate
(Expert) 12 April 2014
I agree with the opinions of experts Mr. Anirudh and Mr. R.V.Rao. In this case another option, that after getting the father declared as civil dead through court, based on the declaration from the owner on stamp paper in the name of father that he is selling property to him, a declaration suit may be filed on adverse possession of title. Consult a local lawyer with all the papers for a more proper opinion.
R.V.RAO
(Expert) 13 April 2014
thanks. sri kalaiselvan ji.
