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Ram (SE)     02 May 2011

Notary on POA

I bought a plot in 2007, when i went house loan identified one issue with that land . The problem is in 1993 there was a notary given to the person(land owners father) by a lawyer, but that notary was not registered in registration office. that guy sold out one person, after that guy sold out to another person, in that chain i am the current owner of that plot.

All sale documents are clear no disputes in those.  Is this legel to buy a property from POA person(which is not registered)?  If it is not legel what i have to do now?  Can we register the notary now in sub regitrar office now?

What steps i have to take make this property legel, to wont get any issues in future?

thanks in advance,

Rambabu



 8 Replies

kumar (NIL)     02 May 2011

Dear Ram,

Let me know one thing.......

1) Who is the first owner of the property? And the first document got registered or not!

2) What is the Notary document? (i.e., POA or Sum other document)

3) If that notary document is a POA, kindly check whether any condition is there for transferring all his rights to the POA holder????????????

4) Does the Land Owner and Attorney Holder is still alive ! (If both are still alive, you better go for POA registration) - If the land owner is Passed Away, check the legal heirs for him. Does the land owner is having only son, then you go for purchase of the same. 

 

 

Ram (SE)     03 May 2011

1> First document got registered.  After the one lady bought that plot and given POA to her father.

2> Not document - given authority to her father to sale(POA),

3> there are no conditions in POA

4> Land owner and POA are alive. One more thing is from POA land was bought by some A -- > person B bought the plot  from A -->  C bought from B --> Finally i bought from C.

5> Today we met the POA person , now what i have to do. He is ready to register or any thing as per the rules. Please suggest what i have to do now.

 

Thanks,

ram

Krishnan Ravichandran (Manager - properties)     03 May 2011

Ram sir,

I think the issue is not that serious..as the previous owners exercised their right correctly only...

since there is no stipulation on the POA...it has only problem of not being registered at that time

of execuion of POA by the Principle...since both the POA and the Principle are alive and supportive

you can now take them to the District Registrar and get the POA registered.. anyway take Mr.Kumar's

advice..

with regards,

kumar (NIL)     03 May 2011

Hi Ram,

If both the Land Owner and POA attorney holder is alive, you better get the POA registered and ask the land owner to add one more condition in that POA that he/she is tranferring his/her rights to the attorney. Where the attorney holder is having rights to sell the property onbehalf of the land owner. If this will happend, you can purchase the same. 

Thank You...

Ram (SE)     04 May 2011

Thanks for your immediate reply.

i already purchaged that land in 2007, i found the issue when i went legeal openion for bank loan,  and i am not first person bought from POA person, I am the fourth person in the chain menas  Person A  bought plot from POA person after that A sold it out to person B , person B sold it out to Person C.  I bought the land person C.

I wont get any problems in future what i have to do now, Can we register POA notary which was given on that time now, or need to take new one. What would be the best procedure now to avoid any legal issues in future.

 

Thanks in advance.

Ram

m.kupparaju (Advocate)     04 May 2011

Dear Ram

You have not mentioned the report of your legal opinion.  Did you bought land by availing any bank loan.  If the bank has sanctioned you the loan, presume that your case is not so serious.  As you aware that  Attorney is an agent acting on behalf of the Principal.  If the Attorney sold the land as per the assurances, deeds and things stipulated in the Power of Attorney executed by the Principal and while Attorney executing the sale  on behalf of the Principal, we have to look whether the POA was in force at the time of execution of sale.  Once the execution of sale is completed by the Attorney on behalf of the Principal his part is completed.  In your case it was found that the part played by the Vendors viz., ABC all are legal. No body have come forward to claim their rights in your property  means presume that there is no legal issues in your case.  You might have seen in the concluding part of the POA i.e., the principal states that he agrees to confirm and ratify all such lawful acts, deeds, assurances and things that may be done by his Attorney.  In future in case of purchase of immovable property from the Attorney, be careful and always opt  for the registered power of Attorney. 

With Regards,

M.Kupparaju,

 

prasanta kumar parida (sr. consultant)     09 May 2011

I COMPLETELY AGREE WITH THE VIEW/ADVICE OF MR. KUMAR-EXPERT

Ram (SE)     01 June 2011

Thank you sir, legal opinion says that as GPA is unregisterd, he is not ready to give positive. He suggested that get an affidavit from the person who given GPA , in the name of person who bought first from GPA holder, saying that  no objection and no rights on that land and register that document. So no issues.

I met the person of GPA holder he said that while registering the property he paid stamp duty on GPA and that is written and stampled by RO.  So it should not be an issue. Still we are discussing with them, please there are any better to make my property no issues in future and get the bank loan.

 

Thanks in advance,

Rambabu


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