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nazn (None)     31 December 2012

Advice needed on sale of land and property

Hi there,

I am new to this forum having registered today to get some help on how to transfer ownership of land and property my father has purchased in a village close to Surat in Gujarat state.

Both the land and property was purchased from my distant relations who reside in South Africa. They have instructed an 'agent' to look after their affairs in India. This agent lives in India and South Africa and has been given power of attorney to act on our relations behalf.

We have made payment in full for the land and property. in return we were promised by our relations that the agent will sort out the transfer. However due to difficulties with the agent we are finding it difficult to get this matter resolved.

Last year our relations in SA sent us the power of attorney for the property but not for the land! I have contacted my relations in SA to give me POA for the land as well, they are saying they can't as they have aleady given POA to the agent for this land.

Can someone please help me with the following:

is it OK for the relations to draft new POA in our name even though they have already given POA to the agent? i would have thought that a new document will supercede any previous documents.

My father who lives in India has been to see the talati who has requested a 'dustawich' I do not know what a dustawich is can someone please explain.

What are the costs associated with completing the transfer of land and property? I am interested to find out what fee's are payable to the land registry people and an approx cost that a lawyer will charge to carry out this work.

Many thanks



Learning

 1 Replies

Advocate Rohit (Advocate)     31 December 2012

you need to ask your relative to cancel the said POA issued to his agent by cancellation deed and issue the fresh poa in your name for the land as well. (if the said POA in the name of agent was registered then the cancellation deed needs to be registered too).

 

Further, you need to approach a local lawyer who shall let you know the registration and stamp duty fees. The fees of the lawyer shall needs to be negotiated.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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