Buying from nri who purchased on unregistered poa


Scenario: X is NRI and wanted to buy a flat from Builder in 2011, by giving GPA to relative Y, to allow execution of sale deed. 
X came to  India and got a GPA drafted in favor of Y and also notatized it from a notary in India. X then returns to Foreign country. Sale deed is successful between builder and GPA holder Y, and X become the owner in 2012.

IN 2017, M who is resident Indian, wants to buy the flat from X. M found out that the GPA used by X in 2011 to allow execution of sale deed, is not registered but just notarized in India.

Is the first execution of sale deal valid given that GPA  wasnt registered by Nri buyer X.
What can M or X do to fix the issue?
If X buys this property, then can there be any legal complications in selling this property, as the first sale had a defect i.e. sale was done on unregistered POA.
 
Reply   
 
FIN

Mere title of the query is sufficient;

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 

 

 
Reply   
 


FIN

Local counsel after due examination of related docs may find some other defects as well..............and may suggest rememdy, if any.

 
Reply   
 
Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.

 
Reply   
 
Advocate

In my considered opinion first sale has not been any way defective; X, through a registered deed of conveyance, sell the property to M.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics