legal advice on buying a property?

we r planning to buy a semi-independent house from a real estate builder.
the case is
1. the owner of the land has given “power of attorney ” to the builder and has not sold the land to builder.
2. we do not know if the owner of the land is alive or not and we r trying to contact her.
3. builder says he will produce latest( date if which is unknown) power of attorney documents.

my doubt is :
in this case can i proceed to buy the house? in future can the owner’s children file a case against this property and claim it to be theirs as the owner has not sold to the property but only given “power of attorney ” to the builder?
also the owner will not be present during registration, it will be the builder who will sign when we register the property.

6 Replies to “legal advice on buying a property?”

  1. Get a lawyer. That is the only way to make sure you won’t have problems. Lawyers can make errors too but they would be more familiar with situations like that.

  2. Were is this home ?You should get an escrow company to give you a title report and insured title report Even if the builder has power of attorney it might be given under duress and there for not legal

    The R/E [used house salesman] gets a referral fee they do nothing for free

  3. I can not give you legal advise but I can give you my opinion!!

    My opinion is that as log as the builder has power of attorney they can sell you the land and the house once it is finished. However you will need to have a copy o the power of attorney before agreeing to anything.

    It is also best that you have proper representation in the form of an agent and a closing attorney. If you need on I can refer you to one free of charge!!

    The first property I sold was for a seller who joined the military and had to leave to go to boot camp he had to give power of attorney o his mother who signed the purchase and sale agreement and closed on the property is his absence.

  4. Power of attorney is only good while the person is still alive. Upon death a power of attorney is worthless. And yes, the heirs of the person that signed the POA would have a claim against your property if she died before you purchased the property.

    Just make sure that you get a title insurance policy. That should protect you if the POA was found deficient in court.

  5. sale by power of attorney holder is legally valid in law. the legal heirs cannot claim in future if the property was self acquired by the owner. you can be rest assured of the transaction. don’t worry.

    one thing you have to get clarified is that the actual owner is alive. because the power of attorney looses the validity when the owner dies prior to sale by the attorney.

  6. I have gone through your query, the questions you are raised are very crucial. before ventureing in to the buying of the property.there are certain legal formalities has to complied.they are
    All the documents pertaining to the geneology of the property has to be thoroughly scrutinised.
    All the revenue records of the property has to be scruitinsed.
    Encumbrance certificate pertaining to the property has to be applied for 32yrs.
    Power of attorney has to be analyed registered or unregistered.
    still there are other precautionary steps are there in order to proceed safer to buy the property.I am of the opinion that it is advisable to go for a legal opinion for a clear title to the property given by a lawyer before the purchase.
    I am a Lawyer,Chennai

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