Steps to be taken to purchase a property through Special power of attorney
2 years ago
I am planning to buy a flat in hyderabad. Actual Owner stays in Dubai. Owner states that he will make an SPA to his relative and I can go to registration through SPA holder. Please help me if this is a safe process to buy through SPA. if yes, what are the precautions, documents and clauses I need to take from owner to make this a proper legal and safe flat registration on my name.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.make SPA for registration only, not for selling.
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A.As the main owner is staying in Dubai and Flat is in Hyderabad it is very much necessary that the special power of attorney given by the first owner should have the registered document attestation of the Dubai Embassy and it should be accepted by the Indian Embassy for this should be with intimation to the cooperative society in which the flat is there also make sure that the secretary and the chairman of the building are ready to give the NOC for the flat and loan. if possible go for some kind of housing loan on the source said property also make sure that the flat owners wife and his children's NOC is also there in the s p a and and also see that it is genuine.
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ADV. ANISH PALKAR (High Court)
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ADV. ANISH PALKAR (High Court)
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A.Hi,
If the SPA has been duly issued in favour of the relative by the land owner, such registry would be legally valid. The SPA has to be issued in compliance with the law.
If the SPA has been duly issued in favour of the relative by the land owner, such registry would be legally valid. The SPA has to be issued in compliance with the law.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Yes the registration of a property can be done by a relative if the SPA has been executed in favor of him. But the POA needs to registered. Each country has its rules regarding POA. You need to verify whether the person executing POA is the actual owner of the property or not.
Yes the registration of a property can be done by a relative if the SPA has been executed in favor of him. But the POA needs to registered. Each country has its rules regarding POA. You need to verify whether the person executing POA is the actual owner of the property or not.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.वैसे तो आप वास्तविक मालिक से ही विक्रय पत्र निष्पादित कराये।यदि वास्तविक मालिक किसी को अपनी पॉवर attorny de रहा है।तब आपको यह भी देखना चाहिए कि पावर attorny देने वाला उक्त सम्पत्ति का मालिक भी है।या नही ।अब power attorny को कहा पर निष्पादन करायेगा।विदेश में power attorny करने के लिए अलग नियम है।आप वास्तविक मालिक से विक्रय पत्र निष्पादित करना सबसे आछा विकल्प है।
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Sanchay Nema
Responded 2 years ago
A.yes, it is a legal process and the relative of the owner can very well execute the sale deed once he gets the power to do so through power of attorney.
since you told that the owner of the flat resides in Dubai then in this case, you should know that the Power of Attorney would be a registered one and will be executed through the Embassy's Office.
Apart from that:
1. check the earlier sale-deed by which the current owner holds the right to title: whether it is made in his name, are there any other person who holds the title in it, how he got the title etc.
2. ask the owner to show the receipts of the property tax which he has paid for the respective flat (if he agrees, and provision of property tax is there in the state in which the said flat is situated)
3. ask in whose name the electricity metre is if the said flat is not situated in any society, or seek the details about the owner of the flat from the office of that society.
4. get a press release done seeking any objection from the interested people in the flat for any objections they have against the transfer of title with respect to the flat.
5. get a search report prepared.
for any other help you can get back to me.
#freelegaladviceonregistration
since you told that the owner of the flat resides in Dubai then in this case, you should know that the Power of Attorney would be a registered one and will be executed through the Embassy's Office.
Apart from that:
1. check the earlier sale-deed by which the current owner holds the right to title: whether it is made in his name, are there any other person who holds the title in it, how he got the title etc.
2. ask the owner to show the receipts of the property tax which he has paid for the respective flat (if he agrees, and provision of property tax is there in the state in which the said flat is situated)
3. ask in whose name the electricity metre is if the said flat is not situated in any society, or seek the details about the owner of the flat from the office of that society.
4. get a press release done seeking any objection from the interested people in the flat for any objections they have against the transfer of title with respect to the flat.
5. get a search report prepared.
for any other help you can get back to me.
#freelegaladviceonregistration
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