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Sandeep K Singh (Business)     21 May 2011

Notary GPA Vs Registard GPA- Property Sale

Sir/Madam,

Need your valuable guidance in below matter.

Interested in buying one house at Varanasi which was given by unregistered will to Daughter in Law by Father in law and he was the owner of the property and original sale deed was executed on his name and then daughter in law sold to my seller along with his Mother in law and  two Brother in Laws as confirming party in sale deed but eldest brother in law sign for himself and as POA holder of his mother and brother. That POA is notarized and probate of will was not done as a general practice in UP. Current owner name is mutated in Gov records.

Is that sale transaction ok with that Notarized POA or it is illegal POA. Should I but that property?

Pl reply.

thanks.

rgds



Learning

 2 Replies

Bhawani Mahapatra (Law Officer)     30 May 2011

Dear Sandeep

Always remember that a document can be registered with the help of a registered document. For instance case, transfer of a property through sale deed with the notorised PoA is void. Even if it is executed/muted, it can be challenged at any point of time.

1 Like

Sandeep K Singh (Business)     30 May 2011

Sir,

The said property was transferred by seller (daughter in law) who has got it through WILL and others who were kin (wife and two sons) of the deceased signed as confirming party and one person out that 3 signed for himself and for his mother and brother who had given his notarized POA.

rgds

Sandeep K Singh

 


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