House bought on sale agreement & power of attorney

Querist : Anonymous (Querist) 24 April 2021 This query is : Resolved
An independent house in Faridabad district was purchased by my father in the Year 1995 (Around 25 years ago). But the house was bought on Sale Agreement & General power of Attorney. Sale agreement is in my Mother's name and GPA was transferred by previous owner in my Father's name.

Now its been around 25 years and my father is no more. We need to get the house registered now so we can sale it further. Please advice how can we do that and what is the procedure. We can't connect with the previous owner its been 25 years and we have now idea about their availability and can't track them in any case.

Since the GPA is in my father's name how can this be further transferred either to me or to my mother's name and than how can we get the house registered. We are living in the same property since 25 years without any dispute from anyone. In government records the house owner name is still showing as previous owner, since it was bought on GPA. Basically we now want to get the house registered so we can be the owner of the house in government records and than further sell it. We will not be able to sell it with GPA. Kindly help us with the solution.

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Quick Summary

This discussion concerns registering a house purchased 25 years ago via a sale agreement and General Power of Attorney (GPA). The sale agreement is in the mother's name, and the GPA was transferred to the father's name, who has since passed away. The original owner is untraceable, and the property is still registered under their name. The family wishes to register the house to gain legal ownership and be able to sell it. Advice suggests filing a civil suit for a declaration and obtaining a declaratory decree, as well as consulting a local advocate with all relevant documents.

Advocate Bhartesh goyal (Expert) 24 April 2021
Your father purchased the house 25 years ago on sale agreement and general power of attorney and gpa holder has also expired and registered owner is not traceable in such a situation you have only option to file civil suit for declaration and get declaratory decree that your mother is owner of the house.

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Pradipta Nath (Expert) 24 April 2021
Need to go through the documents!!

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kavksatyanarayana (Expert) 28 April 2021
The sale agreement is in your mother's name and the GPA was transferred to your father's name. There is no clarity in it. The documents need to be verified to form an opinion. Better to consult a local advocate with the material you have in the matter.

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