Legal Question in Real Estate Law in India
purchase of property based on POA
Hi, Is it safe and legal to purchase a property from a person who is not a legal owner but has power of attorney for the said property. 2) After a property is sold based on POA, can the original owner claim for the property or revoke the POA ??
4 Answers from Attorneys
Re: purchase of property based on POA
it is safe, the original owner is bound by all the acts done before the POA is can celled
Re: purchase of property based on POA
1. Not safe, unless you ascertain several things.
2. If PoA is genuine and subsisting, then grantor can not claim.
Re: purchase of property based on POA
It may be safe and legal provided the PoA is valid and the verify whether it is a GPA for the purpose of selling of the property or for any other purpose.You may proceed only if the PoA is registered and original.
Re: purchase of property based on POA
(1) Yes.
(2) No.
However, you may take some precautions :
(a) obtain a "title search" from a lawyer about ownership;
(b) confirm that the PoA is still operative and valid i.e. not revoked till date;
(c) try to seek 'validation' of transaction from the owner, if possible.
(d) make sure that the person who had executed PoA is alive on the date of transaction.
(e) After sale deed, seek transfer of the property in your name in official records / government authorities as soon as possible.
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