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Bought property through POA but owner expired before Benama


15-Feb-2023 (In Property Law)

I have purchased a property on the basis of power of attorney which was given to his son by the landlord who has single son and single daughter but after 3 year we heard that the original landlord (power of attorney ex. ) has expired before BENAMA ,now what we do ?

Answers (3)

Answer #1
737 votes
As the power of attorney holder and the successor of the property is the same person, the son of the power of attorney executor it should not be a issue.
first of all send me the copy of POA so that I can read the terms on which whole legal advice is dependable.
so first let me read the POA it might get you out of trouble if the terms are in your favour.
Answer #2
851 votes
Dear Sir
What I could conclude is that you and the deceased have signed the agreement and same is not registered?
Kindly tell that how much consideration have you paid and where is the property located.
In your case unless their is a letter of probate from the court (in case of the will) of the deceased, the agreement cannot be registered as the legal right is with the legal heir to get into the contract and the agreement between you and the deceased as to be amended accordingly.
Kindly share the relevant documents like the agreement and details of the property, so that I can be in a better position to advice you.
Please feel free to contact in case of any clarification.
Answer #3
535 votes
I assume you have entered into an agreement for sale and prior to execution of sale deed the owner has expired. The remedy available to you under law is specific performance with direction to the heirs of the owners to execute the sale deed.

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