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Purchase of flat from gpa holder

(Querist) 17 July 2013 This query is : Resolved 
Dear Sir,
I am in negotiation for purchase of a flat from Mr X ,who is holding a AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY WITH POSSESSION,which is executed by his father and sister in his favor on dated 25/04/2011.

The flat was originally in the name of Mr X's mother ,she expired intestate.There is no succession certificate.Only Death cerificate and Family members cerificate has been obtained from Tahsildar.
Please advise,keeping in view the the Supreme Court order dated Oct 2011 banning GPA sales.If yes, then what documents are required in addition to sale deed.And whether mutation of sale deed will be possible .

pjrao
Dr. Jyothi Vishwanath (Expert) 17 July 2013
Be careful. X is holding an agreement of sale and power of attorney. He can make multiple sales.
Ask the father and sister to execute the sale deed directly to you.
Raj Kumar Makkad (Expert) 17 July 2013
If all the legal heirs of the deceased mother of x duly execute the Agreement for sale with you, only then move ahead otherwise I don't advise to purchase such property from x.
Rajendra K Goyal (Expert) 18 July 2013
Agree with the experts nothing more to add.


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