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Title of property received through assignment deef
25-Oct-2023 (In Property Law)
Hello Sir,
I am going to purchase a property (FLAT). The owner of said property has received this property through assignment deed from builder.
FACTS.
Owner along with his family members were owner of a open land in Thane. Rest of the family members has given power of attorney to the said owner in 2002 (Duly registered). Said owner has executed said attorney and given open plot to the builder in 2009. Via same deed, builder has assigned a Flat to this owner which is located at different place. (other than open plot they had transferred to builder)
Question:- 1. Whether said owner can sell Flat.
2. What is the role of other members who has given power of attorney, whether they have any claim on the FLAT.
3. Validity period of power of attorney.
4. Whether the title of Flat can be considered as Clear Title.
1. Whether said owner can sell Flat.
Answer: If it is registered deed then he can sell the flat. The Deed of Assignment gives the owner contractual rights. Also clauses need to be read, to understand if further sale is allowed or no;
2. What is the role of other members who has given power of attorney, whether they have any claim on the FLAT.
Answer: If they have given POA, there should be sale clause in the same as well it should be registered;
3. Validity period of power of attorney.
Answer: This will depend on the terms and clause in the POA;
4. Whether the title of Flat can be considered as Clear Title.
Answer: Yes it can be considered as perfect title. Still consult a local lawyer, let him/her vet your documents and then take the final steps.
Answer: If it is registered deed then he can sell the flat. The Deed of Assignment gives the owner contractual rights. Also clauses need to be read, to understand if further sale is allowed or no;
2. What is the role of other members who has given power of attorney, whether they have any claim on the FLAT.
Answer: If they have given POA, there should be sale clause in the same as well it should be registered;
3. Validity period of power of attorney.
Answer: This will depend on the terms and clause in the POA;
4. Whether the title of Flat can be considered as Clear Title.
Answer: Yes it can be considered as perfect title. Still consult a local lawyer, let him/her vet your documents and then take the final steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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