Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Samir N (General Queries) (Business)     09 February 2021

Language in sale deed

I am interested in purchasing a certain property. The sale deed was registered through a Power of Attorney of the purchaser's wife but they are now divorced.  The sale deed reads as:

This conveyance of sale is made at  address... between  Shri... hereinafter referred to as VENDORs (which expression shall unless repugnant to the context or meaning thereof include their heirs, successors, representatives and assigns) as the one part and Shri.... represented by his attorney  Mrs....., aged about 40 yrs, residing at..., as constituted by his power of attorney dated..., hereinafter referred to as the PURCHASER (which expression shall also include his successors, legal representatives administrator and assigns) of the other part, all Indian nationals.

The question I have is: Does this make the legal representative (his wife) also the purchaser and therefore the owner of the property? The property is a plot of land and is registered only on the man's name.  Is it safe to purchase this property from the man?

 

 

 



Learning

 7 Replies

Real Soul.... (LEGAL)     10 February 2021

If at the registration of sale deed the POA was live and not revoked then that is as good as if executed by the owner himself, even if wife is divorced . If the POA is revoked or cancelled by the husband by or before the execution date of sale deed then that is not a sale at all.

1 Like

G.L.N. Prasad (Retired employee.)     10 February 2021

The proper way is to obtain a legal opinion from a local advocate with necessary copies of such documents like link deeds, their original sale deed copy, EC, Tax paid receipts, confirmation that GPA was not canceled, and signature of the husband also as witnesses, etc.  Never depend on online guidance which is mostly general and not specific and you have to take adequate precautions while investing hard-earned money investing a residence to live peacefully.  Do not worry to spend a small amount as professional fees.

Kishor Mehta (CEO)     10 February 2021

If the sale deed contains a notarized copy of the valid  POA of the purchaser then it makes him the legal owner. 

1 Like

Samir N (General Queries) (Business)     10 February 2021

Thank you so much for all your answers.  The main concern that I have is: Will the wife claim that she is also the owner because of the language: "...the PURCHASER (which expression shall also include his successors, legal representatives administrator and assigns)..."

 

Kishor Mehta (CEO)     10 February 2021

(which expression shall also include his successors, legal representatives administrator and assigns). This term applies only on the demise of the purchaser. 

 

Read more at: https://www.lawyersclubindia.com/forum/language-in-sale-deed-215422.asp

Real Soul.... (LEGAL)     10 February 2021

 Will the wife claim that she is also the owner because of the language  ----- Never , her task was to act on behalf of the principal as she was appointed agent, she has no right to claim anything under the guise of POA. Just forget that

 

Dr J C Vashista (Advocate)     14 February 2021

The man had authorised his wife to execute sale documents of the man on his (man's) behalf which she (wife) has done, hence it is legal and valid Sale Deed. Wife has acted as attorney on behalf of her husband on a valid authorisation.

After the transaction the wife has no interest, cliam, right or title in the property involved in the case.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register