Purchase plot - previous Sale deed with self & represented as GPA
Hi Experts,
I am planning to purchase a plot in Telangana. I received the sale deed (registered in 2020) from the current owner (single). From the sale deed, I found that it was a joint property between a father and son (previous owners). The sale deed was registered by the father, who represented the son through a General Power of Attorney (GPA) as the son was studying in the USA. The sale deed includes the son's USA address and mentions the GPA file number XXXXX, which was validated by the district magistrate and stamped on the back side. The "GPA within the Family" document was on a 50-rupee stamp paper registered with the sub-registrar, including the son's USA address. The Encumbrance Certificate (EC) shows the same information, listing the father's name and the son's name represented by the father through the GPA.
Is it okay to purchase the plot from the current owner even though the previous transaction involved a partial GPA?
Please suggest whether to go ahead or avoid such a property. Some have mentioned that this is a common practice in India, but I am trying to understand the implications considering the 2011 Supreme Court judgment on GPA.
Thanks