Disputed property matter in civil courts in uttar pradesh
Querist :
Anonymous
(Querist) 15 February 2021
This query is : Resolved
During the pendency of the suit over a HUF property which was gifted by the grandfather to his grandsons has been in the court of civil judge senior division in one of the courts in Uttar pradesh and a status Quo order since 1999 to till date ..during the pendency of the case with status Quo order one of the brothers gives a power of attorney to a landmafia which was registered in some other state in 2006 and then in 2018 went into a registered agreement with his own brother in law with a time frame of 35 months indicating that if Mr B ( his brother in law ) does not come to the registry office on the given date ..he will file a specific performance suit and get the registry done in his name .
My question is ..is the registered power of attorney valid during the status quo order on the said property ? and can the landmafia get into an agreement with his brother in law ? and can he get the property registry done through court of law in such a situation..thank you
P. Venu
(Expert) 16 February 2021
The facts, as posted, lacks clarity. Please post simple facts.
Dr J C Vashista
(Expert) 17 February 2021
The case is being instituted / contested in the Court since 1999 through a lawyer or party in-person ?
Querist :
Anonymous
(Querist) 17 February 2021
Since 2006 No lawyer attended the proceedings and there is no X parte order against me I am still a defendant in that suit ..Now I have engaged lawyers into it ...My question is simple ..can A person who had power of attorney during the pendency of the suit and status quo order on the property can sell the land to any person ? I just came to know that the POA ( REVOKABLE) the party used it in the year 2018 to his brother in law in the form of registered agreement . Though as far as i Know No power of attorney is valid for transfer of immovable property as per the ruling of the supreme court. Only the power of attorney can be given to blood relation only. Please advice
Hemant Agarwal
(Expert) 17 February 2021
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.
3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.
4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.
5. IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.
6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.
7. During pendency of Judicial proceedings, more specifically due to Status Quo Order, Property CANNOT be Sold /Alienated /Gifted /Rented /Leased /Donated /Mortgaged /whatever ....
Keep Smiling .... Hemant Agarwal
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kavksatyanarayana
(Expert) 17 February 2021
Yes. During the pendency of a case in court, the property cannot be alienated in any manner.
