Property sold under POA, then threatening false case.
Querist :
Anonymous
(Querist) 29 November 2010
This query is : Resolved
We bought a property from a holder of a Power of Attorney (wife of owner). She had sold another property to another person under Power of Attorney and we have also bought that. (these purchases were made 2-3 years ago)
Now the Power of Attorney and her husband are threatening to file false cases if they are not given the properties back to them at the purchase price, as the prices have increased and we have re-developed the properties.
Would an action like this, claiming false POA, hold any water? Is there anything that can be done to pre-empt this?
Thanks
R.Ramachandran
(Expert) 29 November 2010
Have you got the properties properly registered in your name? If so don't bother.
a.manoharan
(Expert) 29 November 2010
If the said POA was in force at the time of sale and properly registered in your name don't worry. carry on.
Devajyoti Barman
(Expert) 29 November 2010
If the property was tenasferred through a deed of sale or gift and registered before the Registrar on the basis of the validly executed POA then I do not think any tenable case lies against you. Anyway, immediately lodge a complant to the local PS about the alleged threat.
Querist :
Anonymous
(Querist) 29 November 2010
It has already been registered.
I believe they will say the POA was "not valid" or "not validly executed".
If the husband claims that he did not give any POA to the wife and that it was a forgery, what is the procedure at this point? The wife did appear before the registrar to register the transfer. We also have an affidavit from the husband, his wife, and children, obtained later which also verifies that the property was sold and there were no objections.
Now, 2-3years later, the husband and wife are saying they will just deny everything so that we cannot sell or transfer the property if they file a case.
Khaleel Ahmed Mohammed
(Expert) 30 November 2010
Need not worry ,if you are so many apprehenssions, file a caveat before civil court.
Y V Vishweshwar Rao
(Expert) 30 November 2010
After sale the Sales and POA are confirmed by Affidavits by Principal/ Husband----- POA - Wife and their children , you have done good thing , in case if they file any false case these Affidavit./s will be very much useful to you to assert your rights as Valid Sale and valid POA .
Advocate. Arunagiri
(Expert) 02 December 2010
You can file a police complaint on their threat.
If they feel that the sale is invalid, let them initiate action. Dont worry, you have a good case.
