kumar aaaa (se) 10 November 2013

Property purchase

We are planning to purchase a plot which has a small sheet house in it in which the owner is staying. The size of the plot is 30x30= 900 Sqft. The owner is selling half the property i.e. 15x30=450 Sqft. The property is currently having 'A' khatha and the owner has paid up to date property tax.

History of the property

1. A has done Gift Deed to B in 1948. This gift deed is getting registered in 1955.

2. B and her son C have given GPA to D ( Not sure if this is registered)

3. D has done sale deed to E in 1980 (Registered)

4. E has done GPA (Notary) to F in 1988 (Not Registered)

5. F has done GPA (Notary) to G in 1988 (Not Registered)

6. G has done Sale Deed to H in 1996 (Registered)

7. H has done Sale Deed to I in 2006 (Registered)

Now I is selling the property to us. We have asked for some additional documents from the owner like EC, Gift deed copy of A to B , GPA done from B&C to D etc.

Question 1 : Let us know if there is any risk in purchasing the property as the 2 notaries done earlier were not registered. ?

Question 2: Are there any chances of a dispute from any of the earlier parties ? If yes which party has the right for a dispute ?

Question 3: In case of a dispute what are our chances of winning ?

Question 4: Since the first Notary was done 25 years ago does it stand any chance for a dispute now ?

Question 5 : Do we need to take any precautionary measures before buying to reduce the risk ?

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 November 2013

There are some unforeseen/invisible risks involved in this which need to be clarified. Please confirm if E is alive or upon his demise, any of is legal heirs, ask them to witness the proposed registration of sale deed, because F has got no power or right to make another GPA on the basis of his POA, he has been empowered only to sell or make encumbrances or go in for other transactions of the property but not transfer the power given to him by his principal and the subsequent GPA in favor of H by G is also invalid in law, therefore the sale deed executed by H to I is invalid and the subsequent sale deeds/encumbrances over the property are invalid and illegal. Now you understand the risk involved in this purchase and proceed only when your lawyer gives opinion for the same.

kumar aaaa (se) 19 November 2013

If E comes and provides the witness for our registration of sale deed will that be fine ? Will this add more value and power to our registration ? Are there still any chances of disputes ?