Legal Question in Real Estate Law in India

Hi,

I am interested to purchase a vacant land (1000 sq.ft). History of Land is given below.

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Date : 25.02.1992 : TNHB (Tamilnadu Housing Board) a government body proposed to undertake a improvement scheme in Avadi

27.01.1993 : TNHB has allocated land (Plot No. 1073) 1000 sq.ft to Mr chandrasekaran based on his application dated 27.07.1992

26.11.1993 : TNHB has issued a transfer certificat to Mr A Chandrasekaran (Taking over possession of Plot )

(Payment for alloted Plot has been fully paid by Mr A Chandrasekaran to TNHB)

08.07.1998 : Mr A Chandraseran has issued a General Power of Attorney to Mrs D Fathima and it is regiserted with Sub Registrar office, Avadi vide doc no. 695)

In General Power of Attorney the following are mentioned .

" Due to my regular travel and unable to maintain the property, i give the power to Ms. Fathima for speaking to purchaser of the land, for finalsing the rate to the purchaser of the land, to collect the money from the purchaser of the land, for signing the proceeds in sales agreement on my behalf. "

31.10.2007 : An affidavit has been produced to TNHB by Ms. Fathima stating that i am the power agent of cited property and requested to issue sale deed in her favour

Moreover she also said that Chandrasekaran is alive and the power of attorney is in force and if any litigations follow in future. she will solve all those issues in her own cost.

28.12.2007 : TNHB has issued a sale deed in favour of A Chandrasekaran represent ed by Fathima (General power of attorney registered has been mentioned in sale deed)

Sale Deed has been signed by TNHB and Fathima only (No chandrasekar sign)

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Now my queries are given below :

a) Does Chandrasekaran has have any rights on the cited land.

b) Since Power of attorney has been raised before the TNHB Sale deed, does Fathima has rights to sell the property

c) Is it advisable to purchase this property

d) If no? Please mention the reason.

e) Suppose if iam purchasing this land and after constucting the house, if chandrasekar comes and claims that this is his property? Then who will have the ownership of the property? Me or Chandrasekar

f) Example : if chandrasekar and Fathima has cancelled the power of attorney and hiding this fact, Fathima by providing the gen power of attorney and by obtaining the sale deed from TNHB and if she sells the property to me. What will be consequences ? what will happen to me after spending lacs of money in that.? who will be the owner of the land ?

1 Answer from Attorneys

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