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General Advice discussions and advice. Participate in ongoing dicussions and get invaluable General Advice advice from people who are experts in their industries or start a new General Advice discussion.
Nadeem
Beginner
( 11 posts )

[4 Replies]
Assalam o Alaikum all,

Recently, a very good location plot was put on offer by a local agent in Islamabad. The demand of the plot was below the market price which created doubts in my mind. Later the agent revealed that the owner of the plot was overseas and has given POWER OF ATTORNEY to his nephew residing in Islamabad. The power of attorney was about 6 years old and seemed outdated and a fake one. However, the agent insisted that the power of attorney has been accepted by the CDA and a new and fresh power of attorney will be submitted at the time of transfer of allotment. He demanded Rs. 500,000 as advance so that he could start the process of transfer. He arranged a meeting between me and the nephew of the owner who is the attorney in this case but just before half an hour before the meeting he rang me up and said that the meeting has been postponed.

During all the meetings and negotiations his information about the plot has been sketchy and he seemed uncertain when replying my queries.

As this matter will benefit many of us, I request the respected veterans of the forum to enlighten us about the process of buying property on POWER OF ATTORNEY and also discuss ways to authenticate power of attorney and other property documents before sealing any deal.

Thanks.

338 days ago In General Advice
Pk1
Authority
(417 posts)
Best Reply
Do a due diligence exercise through a senior real estate lawyer.

He will check registration record of the PoA. If the PoA is cancelled, the registration record should show it. He should also check the NADRA record of NIC of Owner and of Attorney. In the NADRA record of the Owner, the lawyer will check the names of the heirs and then he will find out if there is any dispute in relation to the property.

After the due diligence exercise is done and the lawyer has done his work, try to talk to the Owner if he is alive. If he is dead talk to the heirs. Preferably get the heirs to sign on the sale deed as witnesses.

Give an ad in all major newspapers that you are entering into this transaction and if anyone has any objections, they may raise them now.

Finally, in the Sale Deed, the Attorney should agree to indemnify the buyer for any claims, disputes arising from any defect in the Attorney's authority to sell the plot. Tell the Attorney to give you a lien over his other property as security if there is any dispute because of his defective authority.

If these conditions are not satisfied, dont buy the plot.
290 days ago 

Irf
Beginner
(14 posts)
Walikumaslam,

Good to know you were able to safe yourself from trouble.

I recently sold a property via POA, since I am out of Pakistan, I guess you have to follow basic, like POA should be recent dated not 6 years old.

Appreciate others input.
336 days ago 

Shahid
Intermediate
(29 posts)
It is better to not buy such property, In my case the POA cancelled while I went for registry. Please check every thing before you go for final deal. All peoples are not same but in Pakistan any thing could be happend. Take care
291 days ago 

Nadeem
Beginner
(11 posts)
Thanks for very useful information. I hope this brief discussion and especially input by Pk1 will save many from getting into trouble. Keep up the good work.

Salam
275 days ago 

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