Hi,
The original land owner 'O' had developed a layout and given GPA to two persons 'X' & 'Y' through a registered GPA in 2002. But in the GPA document she had not mentioned whether they can execute their powers individually or jointly. one of GPA holder 'X' sold a site to Mr 'V' in 2004 and in the sale deed only 'X' has signed. After noticing that only one per has signed, 'V' had taken a affidevit on a stamp paper from 'O' where in she has clarified that she had missed to include a clause in the GPA that both the GPA holders can execute their powers either jointly or severally and she has also clarified that she is aware of the transaction between 'X' and 'O' and its valid. But this affidevit is signed infront of a notary but its not registered in the sub registrer office.
I am planning to buy this site from Mr 'V. My lawyer suggested me that if either 'Y' or 'O' signs as a consending witness at the time of registratoin, then there wont be anny issue. But I could not trace 'Y'. When I contacted 'O', she said she cant come to registration office. But if there is any document she can sign it at her home itself.
I request the leagal experts in this forum to answer the following queries.
1) How safe is it to buy this property? Since the original owner has given a affidevit confirming the validity of the transaction, is it sufficient?
2) Is there any other way through which this issue can be resolved without asking 'O' to come to registration office?
3) If I buy this property now without resolving this issue now, is there any other alternative to solve this later?
Thanks in advance for your answers.
Thanks & Regards,
Raghu
