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bikram roy (Scientific Officer)     16 April 2015

Purchase of property from poa holder

Dear All,


First of all thank you to the creators and users for creating and using this wonderful platform to exchange thoughts. I will be helpful if someone answers my following queries:

I am going to purchase a resale property located at Kharghar, navi Mumbai, Dist Raigad, maharashtra. The first owner did not take the possession till date and builder will handover the same to second owner. First owner is currently residing abroad, so she gave specific POA to her sister to execute the sale. The POA was signed infront of the foreign consulate and stamped. The POA holder (owner's sister) signs the same in India and getting it registered with sub registrar.

the sale deed will be executed between me and the POA holder (owner's sister) without presence of actual owner with the help of POA.

Now my questions are : 1. Is the above process is legally fullproof to avoid any further property dispute?

2. I have given a token money in name of original owner (Not POA holder). Does the rest of payment to be made in original owner's name?

3. What are the necessary clauses to be mentioned in POA, Sale Agreement, Sale deeds in this particular case to avoid legal dispute.

4. Any other advice ?

 



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     17 April 2015

Sir,, When was the POA executed ? Warm Regards Kapil Chandna Adv 9899011450

bikram roy (Scientific Officer)     17 April 2015

Originally posted by : Kapil Chandna
Sir,,

When was the POA executed ?

Warm Regards
Kapil Chandna Adv 9899011450

Thank you Sir for your reply. The POA was signed and will be registered on the day of my sale agreement registration. Our broker has managed his source to get the POA registered first and then the Sale agreement on the same day. the sale agreement will refer the registered POA. The POA was signed by the original owner infront of Indian embassy about three weeks back and the same was sent to the POA holder (owner's sister).


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