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Purchase of Property

I am buying a property of an owner who is also one of the many owners of the land. The promoter is selling the property behalf of the landowner (property of the landowner's possession) with a development agreement and POA to sale the property. Do I need to ask for the details of the other landowners as confirming party where promoter of the property as constituted attorney based on the development agreement as there is no partition deed of the properties of the said land. Do I need to make the other landowners as confirming party as the promoter can sign for both the owner of the property and confirming party both a constituted attorney?

( Kolkata, West Bengal )

2 months ago

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A.
Dear Client,
In the given scenario, you should include all other landowners as a confirming party in the sale deed, especially in the absence of a partition deed of the property. However, before buying a property, it is usually recommended that you collect the title report or title searching report of the property for the last 30 years. A property with clear documentation and title commands a higher price in the market compared to one with a defective title. So, it is advisable to check the basic documents that are legally admissible relating to a property that include registered sale deeds/mother deeds, encumbrance certificate, registered sale and purchase agreements, approved building plan, completion and occupancy certificate, mutation/khata certificate, and NOCs of various types that might be required that may include the Non-Agricultural Land Certificate, Fire NOC, Society NOC (in case of buying a property in a cooperative housing society), and the Environmental Clearance Certificate among other certificates. Consult a property lawyer, especially where the sale is through a power of attorney. A good lawyer will undertake a proper investigation and issue prominent public notices to clear the interest of others in the property concerned.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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