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Kamil (CTO)     24 October 2013

Purchase based on notarised power of attorney

Respected Lawyers,

I have a scenario where I am evaluating purchase of a property. When I looked at the history of transactions, There is a transaction in Feb 2006 where the sale deed was made in favor of Mr. X by Mr. Y  based on a Notarized Power of Attorney given to Mr. Y by Mr.X. 

After this, there have been two other further change of hands and the current holder of the property has bought it in 2011 and wants to sell it to me.

My questions are as follows.

(a) In 2004 was it legal to give a notarized power to purchase  a property?

(b) In 2006 was it legal to purchase a property based on the notarized power of attorney to purchase in 2004?

(c) There have been two further transactions after this notarized poa based purchase. Is it okay for me to buy this property.

Would appreciate your guidance to me in this matter.

Thanks

Kamil



Learning

 2 Replies

bhagwat patil (Property due diligence 9422773303)     27 October 2013

(a) In 2004 was it legal to give a notarized power to purchase a property?...NO (b) In 2006 was it legal to purchase a property based on the notarized power of attorney to purchase in 2004?...NO (c) There have been two further transactions after this notarized poa based purchase. Is it okay for me to buy this property...NO NOT OK.LEGALLY MR Y IS STILL OWNER OF THE PROPERTY.THE DOCUMENT IS CALLED SALE DEED ONLY WHEN IT IS REGISTERED ONE.

bhagwat patil (Property due diligence 9422773303)     27 October 2013

(a) In 2004 was it legal to give a notarized power to purchase a property?...NO (b) In 2006 was it legal to purchase a property based on the notarized power of attorney to purchase in 2004?...NO (c) There have been two further transactions after this notarized poa based purchase. Is it okay for me to buy this property...NO NOT OK.LEGALLY MR Y IS STILL OWNER OF THE PROPERTY.THE DOCUMENT IS CALLED SALE DEED ONLY WHEN IT IS REGISTERED ONE.


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