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Alphonse Reddy (Buyer)     27 May 2010

POA, Family trust related issues with House sale

Hi, I am buying a house constructed on a BDA plot (Bangalore development authority) with the following characteristics/history: 1. Bought by the Father from BDA 2. Transferred by the Father to a family trust in the name of Wife and 4 children (all majors) 3. Transfer of ownership from the Trust to individuals that were part of the trust i.e. Wife, and 4 children (not the father) 3. At the moment, Wife and 1 child are in India, while the other three children are abroad. 4. Father holds a Power of Attorney executed by his 3 children that reside abroad. The POAs are registered with the Indian consulates in their respective countries of residence 5. There was sale agreement with a potential buyer very recently (1 month back) but the buying party could not complete the transaction for reasons that I do not know. My queries are as follows: a. Are there any risks because of the back and forth transactions: father, then to the trust and then to individuals again? b. How do I verify that the father still has the POA to sell the property? What if the children had revoked the POA? c. How do I ensure that I would not have any hassle from the "potential buyer" that tried to buy the property just before me but could not? d. How do I ensure the property was not pledged to someone else or a sale agreement was made with someone else before us? In essence, what steps should I take to ensure my peace of mind. Thanks for your help in advance. Best regards, AR



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 3 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 May 2010

GET A LEGAL OPINION AND ALL  CAUTION PUBLIC  PUBLICATIONS THROUGH A LEGAL COUNSELL  BEFORE BUYING THE LAND.

WITHOUT PHYSICAL VERIFICATION AND SEARCH AT ALL RELEVANT PUBLIC OFFICES IT WILL BE VERY DIFFICULT TO COME ONE CONCLUTION.

HENCE APPROACH AN ADVOCATE EXPERT IN PROPERTY MATTERS.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 May 2010

GET A LEGAL OPINION AND ALL  CAUTION PUBLIC  PUBLICATIONS THROUGH A LEGAL COUNSELL  BEFORE BUYING THE LAND.

WITHOUT PHYSICAL VERIFICATION AND SEARCH AT ALL RELEVANT PUBLIC OFFICES IT WILL BE VERY DIFFICULT TO COME ONE CONCLUTION.

HENCE APPROACH AN ADVOCATE EXPERT IN PROPERTY MATTERS.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 May 2010

GET A LEGAL OPINION AND ALL  CAUTION PUBLIC  PUBLICATIONS THROUGH A LEGAL COUNSELL  BEFORE BUYING THE LAND.

WITHOUT PHYSICAL VERIFICATION AND SEARCH AT ALL RELEVANT PUBLIC OFFICES IT WILL BE VERY DIFFICULT TO COME ONE CONCLUTION.

HENCE APPROACH AN ADVOCATE EXPERT IN PROPERTY MATTERS.


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