Civil rights of a wanted person (absconder)
Nitin Patel
(Querist) 30 April 2012
This query is : Resolved
A person declared absconder and wanted for Fraud (red corner notice by Interpol) and CBI absconds to USA and sends POA in name of his sister in law who sells the property to the absconder's sister who thereafter within 3 months sells it to the absconder's in-laws.
Is this legal? Also POA is specific as to properties in which POA can deal and property sold does not figure in that list. Is the sale legal?
Post Dec 2005 it is mandatory to mention Pan No in transaction pertaining to Sale of property value exceeding 5 lacs. No such Pan No available and mentioned as such in Sale Deeds. Is the sale deed registration valid?
Adv.R.P.Chugh
(Expert) 30 April 2012
Dear Mr.Patel,
I have the following to opine :-
1. If Agent (Sister-in-law) has dealt with property as to which she was not authorised. The transaction is ultra-vires her authority and hence not binding on the principal.
2. But for the above, I don't see anything wrong with the aforesaid transaction. However having said that, please remember that such transactions (if made to defraud creditors and deprive them of their lawful due) are voidable at the options of creditors, who can challenge them.
Feel free to talk !
Shonee Kapoor
(Expert) 02 May 2012
If the PoA did not authorize her to sell the property, it is void sale.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly
(Expert) 03 May 2012
The sale is not void hence not binding on the absconder.
Nitin Patel
(Querist) 10 October 2012
A power of attorney is nothing but an agent as defined in S. 182 of the Indian Contract Act, 1872. Now person in India opting to act as POA holder / Donee / agent would be acting on behalf of this fugitive and hence would be aiding and abetting an absconder. In this light would any acts on behalf of a fugitive /absconder be legal and since the POA donee has knowledge of whereabouts of the absconder, would it not be illegal not to report this to the Police?
ajay sethi
(Expert) 10 October 2012
he is not a particpant in his illegal acts . power of attorney is given for specifc purpose .
if you have any girevance report the matter to cops . let the POA be called for questioning.
Nitin Patel
(Querist) 10 October 2012
The absconder is WANTED for fraud by Court and RED NOTICE issued by INTERPOL.
The POA Holder is sister-in-law of absconder and the POA also authorises Donee to represent the absconder in all legal matters in India indicating that donee knows fully well the status of donor as absconder.
Is it not illegal for Donee to act on behalf of absconder in siphoning off ill-gotten wealth and not reporting whereabouts of absconder as this is clearly stated in POA.
ajay sethi
(Expert) 10 October 2012
fraud has been committed by absconder . the POA is merely representing him in legal cases . how do you draw the conclusion that she is helping the absconder in siphoning off ill gotten waeth?
Guest
(Expert) 10 October 2012
First of all your query is imcomplete in so far as you have not mentioned what direct link the property of the absconder has with the fraud and also how you are concerned with that absconder or his property?
Secondly, you have not clearified which list you have referred in which property sold does not figure?
Third, whether you intend to refer "Post-Dec 2005" with reference to the Income Tax law or the Property law, or something else?
4th, with reference to PAN, you have niether mentioned the value of the property, nor made any mention whether the absconder is an NRI or a Resident Indian?
5th, if the property in question was acquired through the fraudelently acquired funds, why the stay order was not obtained by the complanant, Interpol or the CBI?
6th, your question is about civil rights of the absconder, but in the body of the question, you have not mentioned anything specific, which could indicate about any problem related to the civil rights of the absconder.
Naturally, if the needed information is not provided, you can expect only contradictory answers, on account which may get only confused rather than you can extract some guidance.
