query regarding buying a power of attorney property in delhi
Jatin Juneja
(Querist) 14 September 2015
This query is : Resolved
Hi,
I am having some doubts regarding buying a property with Power of attorney in south delhi (Freedom Fighter Enclave/Paryavaran Complex)
The property as per broker is POA and loan is not possible on it. My doubt is whether it is legal to buy a property with POA title?
Second question:- what are things to take care before buying a POA property if it is legal as per law?
Third Question:- can i get the property registered in court or somewhere after buying it as POA?
fourth Question:- i have been reading that after buying property with POA title, the original owner can anytime come and prove his ownership on property and can take the property back. Whether its true or not?
Request you to please guide with your expert advice in simple terms so that i can make my decision as per your recommendation.
Thanks
Anirudh
(Expert) 14 September 2015
First and foremost, one must have clear title to the property (based on registered sale deed and not POA) to be able to sell the property / pass on clear title to the buyer.
In the instant case, the seller does not appear to be having registered sale deed in his favour. Therefore he is not having clear title.
Having said that, if the documents relating to “SA/GPA/will transactions” have been accepted/acted upon by DDA or other developmental authorities or by the municipal or Revenue Authorities to effect mutation, prior to 11 October, 2011 (i.e. the date on which the decision of the SC in Suraj Lamp Industries (P) Ltd. vs. State of Haryana was rendered)
then that would be valid. In such a case one can purchase the property, even though it was based on GPA. Otherwise not.
In view of the above, rest of your query have no relevance.
Rajendra K Goyal
(Expert) 14 September 2015
Should avoid to buy property and spend hard earned money in a property in which you are not getting cleat title.
Jatin Juneja
(Querist) 15 September 2015
Thank you very much Anirudh for your response. Thanks Rejendra
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
I agree with the experts opinion on the subject query. It is not advisable to purchase (invest hard earned money) which is unclear of the title of the vendor. If the principal of the POA is still alive, you may ask the agent to ask his principal to jointly sign the registration of the execution of sale deed along with the agent himself. That atleast may help you to protect your interests in the property.
