appeal filed before SDO
Querist :
Anonymous
(Querist) 06 April 2011
This query is : Resolved
I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court.
bhagwat patil
(Expert) 07 April 2011
Yes,SDO can cancel the ferfar,if no POA is produced.and file fir against so called POA holder and two authenticating witnesses.registrar is not responsible for the deed.what is your lawyer is saying is on right track.without full-proof evidence useless to file the police complaint.these people so lazy corrupt and ignorant of revenue laws they will spoil the case.If the POA is after 2000 it ought to be registered one.if before that should be notarized.in POA it is always written that the consideration should be handed over to original owner by POA holder.if you send the documents the picture will be clear,it will be better for advice
