Mohamed Bilal (Engineering) 14 June 2015

Validating encumbrances from encumbrance certificate

Hello folks,

I'm planning to buy a home and we have got encumbrance certificate for the land where the home is located. The home is being constructed newly.

The person who owns the property is Mr. Reddy. Mr. Reddy bought the land in the year 1990. Mr.Reddy has also given power to another person Mr.Balamurugan in 2010. In encumbrance certificate, we saw that another person (named Mr.Ajees) has given power of attorney to his son Mr. Jahir on 2013. On 3rd March, 2015 Mr. Ajees has died.

People tell us that POA is invalid since the person who has given it has passed away. Can we go ahead and buy that property? I have attached the encumbrance certificate we got for the above land.

Please help me as am very new to these things.

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1 Replies

Kumar Doab (FIN) 14 June 2015

The attachment is fully not in English and is not understood.

As per your post The Sale Deed is in the name of Mr. Reddy……………who has given POA to Mr.Balamurugan……………….who has given POA to Mr.Ajees………………who has given POA to Mr. Jahir.

Mr.Ajees is deceased.

The POA also dies with the person that has given POA.

You may show all documents to an able local lawyer dealing in property/revenue/civil matters, before you proceed further with the intent to purchase.