Talapaneni Manogna 09 June 2025
Dr. J C Vashista (Advocate ) 10 June 2025
Lease and encumbrance are two different subjects which cannot be clubbed togather.
When lessee (government in instant case) has vacated the flat, what is your dispute ?,
You have stated to have been gifted the flat to you, you are sole and absolute titleholder (owner) accordingly you can dispose it of as you desire, there is no legal impediment.
However, various issues have been clubbed in your post, it is advisable to show relevant documents to a local prudent lawyer for better appreciation of facts and proper guidance.
R.K Nanda (Advocate) 10 June 2025
Question too long to reply on free legal site.
T. Kalaiselvan, Advocate (Advocate) 10 June 2025
The Bank will certainly insist on removal of encumbrance created during execution of registered lease agreement.
Now you to approach the government authorities to co-operate for cancellation of lease agreement along with other owners.
In the given situation it would be a very lengthy process which you may not be able to get it done if there's no cooperation from other owners hence you better change the buyer.
Talapaneni Manogna 10 June 2025
The director of the government office is co-operating for cancellation.
Cannot change the buyer now as we already did an agreement and received some advance. Buyer is willing to wait for sometime.
Only problem is one of the owner has died and his sister stays in America, not able to get proper communication from them.
Can I know if general power of attorney works for lease cancellation deed?
T. Kalaiselvan, Advocate (Advocate) 10 June 2025
The legal heirs of the deceased owner can very well authorise any person to represent them by executing a power of attorney deed to perform the tasks in this regard.
The POA deed executed in a foreign country may be attested by an official of the Indian consulate of the country where they reside to establish the authenticity of the deed.
Dr. J C Vashista (Advocate ) 11 June 2025
First of all the LRs of deceased titleholder (Owner) shall have to obtain LR Certifate/ Surviving Member Certificate from area SDM/ Tehsildar before proceeding further in finalisation of deal and execution of document of Sale.
P. Venu (Advocate) 12 June 2025
Admittedly, property has been duly gifted to you and you are its absolute owner. Thes lease had been for a specific period and the lessee has duly vacated the premises. As such, it cannot be said that the encumbrance subsists. If the eralier entry continue to be in the records you may take steps to have it removed.
By the way, what exactly, is the ncumbrance recorded?