The attorney of the seller must always check and ensure whether the seller has proper and clear right title interest on the property and whether he is eligible to sell the property concerned. If a property has a single legal owner, then no conditions need to be attached. When there are more than 1 person owning a property, then, on the death of one, a second person needs to be appointed in order to overreach any beneficial interests. After satisfying the provisions of the Law of Property, (Joint Tenants) Act, 1964, a surviving joint tenant acquires the deceased's beneficial share by survivorship and can also sell the same as a beneficial owner. If the selling is done by personal representatives, then all the deceased’s personal representatives must be made parties to the contract and the purchase deed. If an attorney is acting for a mortgagee, exercising its power of sale, he should ensure that the power of sale actually exists, has arisen and is exercisable. Provided a transaction is within the scope of the objects clause of the company’s memorandum of association, companies regulated by the Company’s Act can also sell land. The Charities Act, 1993 govern sales by charities.
