Fraud

Querist : Anonymous (Querist) 06 September 2011 This query is : Resolved
A property was purchased by sex partners in 1973. A partnership firm was registered in 1974 to govern and manage the property. The property is in maharashtra state. A POA was issued by 4 partners to the 5th partner in 1989 which is a general POA but also includes rights to find customers, decide price and sale the property. But the POA was only magistrate attested and not registered. Now the 5th partner and 6th partner sold the property to a company where the owners are sons and wife of 5th partner and the 6 th partner himself. They sold the property in 2008 and sold it at a price 95% less than ready reckoner rate. Also the POA is not registered and not used in sale deed. In the sale deed the 5th partner is standing as seller and 6th partner as buyer. It is mentioned as 5th partner is selling " duly authorised by resoltuion Dated : .... " but the other 4 partners have not given any reslolution nor have signed on it. What legal action should i take. and what are my chances.

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ajay sethi (Expert) 06 September 2011
you will have to move the court for setting aside sale . you have stated that property was sold in 2008? what were you doing for 3 years/ when did you come to know of the sale of property .

you can also file criminal complaint against 5th partner for criminal breach of trust etc

M.Sheik Mohammed Ali (Expert) 06 September 2011
yes, i do agree expert query reply.

Querist : Anonymous (Querist) 06 September 2011
The property was in other city and i stay in small village, so i did not get any notice, i came to know it when i went to the city and saw that preparation for construction was going on. Also can i file for setting aside the sale in ( marathi words ) Prantpal Office. Also what if they sell it again to some third party now.

ajay sethi (Expert) 06 September 2011
you will have to move court not your local prantpal office . engage a lawyer

Querist : Anonymous (Querist) 06 September 2011
Dear Sir,
I have filed in the prant office in the city where the property is situated. I have engaged a lawyer but i wanted expert opinion also. My lawyer is suggesting that we can get sale deed void in prantpal office as they have not got registered POA which is mandatory after 2001. But can that be done on Prantpal office level.

ajay sethi (Expert) 06 September 2011
frankly i dont know anything about prantpal office . if you have engaged a local lawyer go by his advice .

prabhakar singh (Expert) 06 September 2011
you need personal service of a lawyer,be quick.

Querist : Anonymous (Querist) 06 September 2011
I have consulted a local lawyer. We have filed a criminal complaint in police station also and also filed in local prantpal office for declaring sale deed void. But in the mean time they have sold the property to another person. Now what will be the third party interest and how can it affect my cause.

prabhakar singh (Expert) 06 September 2011
you better proceed to civil court and make all concerned as party.

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