My father (referred to as “buyer” from hereon) is considering buying a 140 sq. yd vacant plot of land in Delhi. The plot is located in an unauthorized colony, but in the list of colonies to be regularized under PM-UDAY scheme. The plot is cut from a 290 sq. yard property. Since registration can’t be done, sale and purchase of property happens through power of attorney. The 140 sq. yd. plot is currently co-owned by a husband and wife couple (referred to as “sellers” from hereon). They purchased the land from the previous owners – an elderly husband and wife couple (referred to as “owners” from hereon). It seems the owners are not accessible now (either deceased or relocated to their native place). Upon initial conversation with the sellers and scrutiny of the documents, few things were discovered:
1) The sellers have the power of attorney from the elderly husband only (and not wife) in owners. Since the owners power of attorney was in the name of the elderly husband and wife, shouldn’t the wife also be part of the sale agreement with the sellers? There is no NOC or any other legal document from the elderly wife (owners) saying that she is fine with the sale. How can the buyer safeguard his interests and any possibility of the agreement getting challenged legally in future.
2) The sellers brought the plot through the owners daughter and son-in-law. Is there any NOC or any other legal document required from the children of the owners?
3) As mentioned before, the 140 sq. yd. plot in question is part of a larger 290 sq. yd. plot. The remaining 150 sq. yd. plot is owned by someone else. Should the buyer of the 140 sq. yd. plot get the original title deed for the 290 sq. yd. plot possessed by the owners? A larger question is: in cases where a larger plot is cut into two and sold to two different parties, which of the buyers get the original sale deed of the original combined plot from the owners?
4) How can one check if the khasra number mentioned in the sale deed is correct and actually belongs to the plot in question?
Please pardon my lack of knowledge of legal terminologies and processes. I would be grateful if an expert could help me with my questions. Thank you very much, Leena.
