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Archana (Engineer)     13 September 2010

Power of attorney for deed of sale

Hi All,

I am a resident of Bangalore and i want to purchase a property.This property is owned by a lady named Sheela. Before Sheela this proeprty was owned by Ramya, Ramya gave GPA(registered) for the sale of this property to her sister Mamta in year 1992, Mamta sold off to this property to Sheela(current owner) in 2007 using GPA. Now i want to purchase the property from Sheela. I am having doubt that how do i confirm that when Mamta sold off the property to Sheela in 2007, at that time the GPA was in existence and Ramya had not cancelled it between 1992 and 2007.

Please suggest me how do i confirm this and is there any legal issue in purchasing this property?



Learning

 3 Replies

suresh (Advocate)     13 September 2010

hi Archana

Since this is a registered general power of attorney it has to be revoked by deed of revocation which also has to be registered as the general power of attorney. hence, you need to check in the concered sub registrar office whether it is revocked or not.

Do you need any assistance in the matter you can contact me.
 

R.Ranganathan (Advocate)     14 September 2010

Originally a power was allowed to be registered in any place the Principal wanted. So you approach the Sub-Registrar where the power was registered and after paying search fees ask for Book IV for the relevant periods and then go through the same. This is the only way. Otherwise you give paper publication for the purchase of the property and after 30 days of publication purchase it. You can also insist an Indemnity Bond from the seller that in case of any future problem regarding the power then the seller will repay the entire consideration amount with interest or else rectify the same at her cost.   

Bharatkumar (ADVOCATE )     14 September 2010

U search at Registrar office and see or check that cencallation GPA registered between period of 1992 and 2007 in registrar office.


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