Dear Valued members..

My marathon to buy a clean property in Chennai has not yet come to an end and I need your help to proceed further..I finalized a land in Valsaravakkam ,please let me know your opinion if I can proceed based on the below scenario.

1. Property 1.1 acre was sold by Party A to Party B1&B2&B3 in 1960’s
B1,B2&B3 are minors and the father was Party B

2. Later B1 & B3 gave power of attorney to Party B .
B2 was missing as he was claimed dead. There is no death certificate however it is just mentioned in the document

3. Later Party B sells 1600 sq ft to Party C in 1990’s(thye also have sold many other plots)
(there is no documentation on how this 1.1 acre was divided into many plots)

4. Party C sells the land to Party D in 2001

5. Party D constructed a house and lived for 13 yrs and the house is demolished now

6. Part D went abroad and gave POA to Party E

I am dealing with Party E now and he says everything is fine and he also have the life certificate from Party D.I just gave all the papers to a lawyer to crosscheck and if I can proceed?

Now the lawyer came with 2 concerns

1. Party B2 dead certificate was missing hence it is a risk as anyone how can claim as B2’s child and can approach court for the property. And if it happens we will not have any proof to show B2 was dead
Response from Party E is that they also checked with another notable lawyer and since it happened 37 yrs ago it doesn’t matter anymore. Only the last 13 yrs patta was important and till now no issue came for the property as the last one lived for 12 yrs
2. Since Party D is abroad lawyer says it is must for D to come to India and give a latest life certificate. Else it will be an issue in the future as they can cancel the POA any time or says it is not legal
Response from Party E is that they can arrange an email or doc from abroad and that should be all is enough if the existing life certificate not convincing

I am ok with the land and looks good to me.Please advise on the above case if I proceed will I have issues or the existing documents is fine and nothing to worry

Waiting for your feedback

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  • as you mention A sold to the minors.That itself a big ques mark.When those minors dad is alive why A sold to minors and If so who paid A.2ndly B2 was missing as it was mentioned in the document by his father B and since he is a minor hope that will do.Next a 1.1acre is divided into plots and you say there is no track record.It simple.apply EC for tht find out wht happened to the rest of lands.Is party C a developer or builder whats is the name of them.Finally life certificate is not required for abroad cases.You get a no objection or authorization letter from him duly attested in indian embassay.
  • Thanks.One clarification

    First the land was bought by the father(B) on behalf of their sons or in their names.

    When the POA was given by B1 & B3 back to their Father B it was after several years and B1 and B3 are not minors at this time.

    Could you pls advise if it is an issue(missing DC) since B2 (claimed dead) as he was a major during this period going by date of birth?

  • I think the POA is valid for only one year from the date of registration. After that, a fresh POA has to be executed.

    Apply for EC - 40 yrs. From 1987, it will be computerised EC. Prior to 1987, manual EC.
  • There is no life time for the POA until otherwise the principal or agent dies or goes unsound mind.This alone is not a influencing factor...If it is irrevocable power still after death also it is valid subject to condition in sections...Any POA after 02-feb-2013 only comes under a rule tht everytime u hv to get a life certificate after a month...By t by y you have to take risk.Still u cant find out where tht rest piece of land went in 1.1acres.Which builder promoted this???
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  • Thanks All.I have dropped this land being an NRI and as an investment i dont want to take any chances...will look for properties with more clear documentation..
  • Legal opnion for buying Land in Chennai

    Hi Sirs,
    I am planning to buy a land near Nemilicherry. Kindly advise me how to take legal opinion & whom I need to contact?
  • Originally Posted by Perumal raj
    Hi Sirs,
    I am planning to buy a land near Nemilicherry. Kindly advise me how to take legal opinion & whom I need to contact?

    Owning land involves 3 major steps: registering the land/sale deed; transferring of ownership through relevant documents; and regularizing continued ownership of land.
    You may take help of any lawyer while going through legal activities included in these mentioned steps. Let's see if any user can help you with detailed information here.