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Vinod Joshi (Partner)     14 November 2011

Correcting defective title - how

Dear Friends,

I want urgent advice. I am planning to buy accommodation in a scheme of development in Pune. The Non Agricultural land of the project has been obtained by the Developer by signing Development Agreement (DA) & POA from about 25 individual plot owners. The Developer has submitted development plan for construction of a Group Housing Scheme on these plots & the same has been approved by the concerned Municipal authority. The promoter has built bungalows & other buildings on the plots. 

During Title search for the property I have found that the DA & POA for one of the 25 plots (plot no 3) has been signed with only one of the two owners – husband in this case of the plot i.e. the wife has not signed the DA/POA. The Developer says that the name of the wife was missed out from the DA/POA by mistake & that he will get the same included & signed in next 6 months (because the owners are abroad).

However, he says that since the accommodation which I am planning to buy does not fall on plot no 3 which has this problem, I should not worry about the title problem. He is asking me to sign “Agreement to Buy” of my accommodation which is not plot no 3. I have checked & confirmed that no part of my accommodation or any roads or common amenities fall on this plot no 3.

In such a case, is it safe for me to purchase this property? Will there be any complications later on? Please advise urgently.



Learning

 3 Replies

Advocate Vishnu (Advocate)     14 November 2011

Dear Pravin,

The Honourable Supreme court of India has recently given  a decision that if property is bought using a POA, it cannot be considered to be a sale at all and the sale deed is legally void. If the heirs of POA holder institute a suit in future , you may not succeed .Pl read this judgement " https://www.stpl-india.in/SCJFiles/2011_STPL%28Web%29_879_SC.pdf ".

Vinod Joshi (Partner)     14 November 2011

Dear Vish,

 

Thanks for reply. The POA is only from the time we agree to buy/sell till the time teh property is completed. Thereafter there will be conveyance also. The agreement to sell will be registerd.

Can you please advise me on whether unclear title in part of teh scheme affects me as discribed in my post

Pravin

Advocate Vishnu (Advocate)     16 November 2011

Dear Pravin,

The agreement you plan to enter into will not be affected by the improper POA of the neighbouring plot.You can go ahead and enter into an agreement to buy the property.When you execute the final sale deed at the registrar's office , make sure the actual owners (& legal heirs if any ) are signatory to the sale deed.


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