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YATHISH (STL)     03 April 2014

Query on general power of attorney for selling property

I have received site documents from Land owner for lawyer verification. I have gone through the documents and the issue is as follows:
1) There is a lady (Say Mrs. A) aged arroung 75 years, was the owner of the site (as on 2005). Her husband passed away long back before 2005. The property earned by her husband was divided among her and her 4 sons. Total 5 shares. I got a "PARTITION DEED" where all the details are mentioned.
The site which i am looking to buy belongs to the lady (Mrs. A) through PPARTITION DEED.
Mrs A has given GPA (General power of Attorney) to 2 persons (say Mr. B and Mr C).
Current Land owner (Say Mr. D) purchased from Mr. B who is GPA representative of Mrs. A.
In the "ABSOLUTE SALE DEED", only signature of Mr. B is present.
In GPA letter, there is a statement like "Either jointly or any of them individually" can sell or manage the property.
I have following question.
Is it mandatory to take the signature of both GPA representatives of Mrs. A i.e., Mr. B, Mr. C?
Can anybody suggest me to purchase this property?.

2) In GPA, It is mentioned that the property is surrounded as follows:
East by: Road
West by: Private property
North by: Sy no. 101/3
South by: Sy. no. 86/2

In Sale aggrement, It is mentioned that the property is surrounded as follows:
East by: Private property
West by: Private property
North by: Sy no. 101/3
South by: Sy. no. 86/2

In PARTITION DEED, It is mentioned that the property is surrounded as follows:
East by: Road
West by: Road
North by: Private property
South by: Private property

The above property is converted to Layout and the sourroundings of current site I am looking to buy is currectly mentioned in current owner's ABSOLUTE SALE DEED.
My question is as follws:
Is the information mentioned in GPA, Sale agreement, PARTITION DEED are wrong by mistake?.
Will this mistake have any bad effect in future?
Can anybody suggest me to purchase this property?.



Learning

 1 Replies

Srinivas (Business)     11 April 2014

1) The Sale DEED must have signatures of Mrs. A and one of the GPA Holders together .

--> Only GPA holder cannot sell the land and there will be a defect in the title.

2) If the property descripttions do not match as per the documents, there is no way that you can certify what is the exact PARTITION that is sold. 

So, banks will not give a loan easily.


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