Absconder's rights
Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
A declared absconder in a given jurisdiction,
decides to sell his property and run. He executes a power of attorney and sells his property to third party, by registering the deed of sale through the attorney. the sub-registrar is in the same jurisdiction of the court where he is declared absconder. Will such a sale be a valid sale??.
adv. rajeev ( rajoo )
(Expert) 27 March 2011
He is an absconder, but his properties are not attached, so sale made thru., PA holder is valid. But it is important that PA should be regd., one.
Guest
(Expert) 27 March 2011
THOUGH SALE IS REGISTERED AND VALID TODAY,STILL THE AGGRIEVED PERSON MAY FILE A CIVIL SUIT IN CIVIL COURTS AND MENTION ALL FACTS AND GET THE SAID SALE DEED CANCELLED BY THE ORDER OF COURT.GOOD LUCK.
Guest
(Expert) 27 March 2011
Dear Saraswat,
Please don't mind, my curiosity has arisen out of your reply to know further. Would you kindly like to clarify on what ground the court of law can cancel the sale deed when there is no prior attachment of the property or any stay order on sale of the property of the absconder?
Guest
(Expert) 27 March 2011
the sale of the property is a civil matter and if the person is accused of any offence can sell his property of himself or through GPA and it will be a valid sale in this case.
