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Dharshan (Advocate)     26 January 2024

Power of atternoy - sale deed - gift deed

Hi Experts. can you provide your advice on below

    Father's property was sold by Daughter in 1995, Without the knowledge of Father & sale deed was executed by daughter  via Notarized Power of attorney


 ( POA was fake does not have witness, seal notary does not hav register number of advocate, Signature of notary advocate is fake).


    After 20 year again i.e 2015 Father again gifted the property to Daughter and Daughter again gifted the property to her daughter again,

Note - Person who had sale deed from daughter did not pay tax or transferred khata till 2020, will this sale deed executed via notarized POA valid in 1995.

Now whether Sale deed sustains or gift deed !!

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2024

If it was a registered sale deed then it is legally valid. 

The buyer can file a suit for ejectment to eject the people who occupy the property without any valid title. 

 

Advocate Bhartesh goyal (advocate)     26 January 2024

Sale deed registered on basis of notarized power of attorney  is not valid in eye of law and can be challenged. 

Dr. J C Vashista (Advocate )     27 January 2024

Sale transaction on PoA did not transfer title of the subject property, accordingly sale deed is invalid and illegal.

Notarised PoA stated to have not been executed as per law, hence it is also invalid, cannot be used. If such PoA is relied upon, it is illegal.

Gift deed is required to be perused before forming proper opinion, however, what is your locus / concern / dispute and opinion ?

Prima facie it is a moot court topic.

 


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