Ipc 420
Pratap Kolte
(Querist) 22 May 2013
This query is : Resolved
Mother has made power of attorney for her son for the property X. Son has sold the property X by using the power of attorney.
After 2 months mother purchased property Y. Without mother's knowledge son has sold the property Y with the previous power of attorney.
Prima facie FIR can be lodge against the son and the purchaser. Can the subregistrar be prosecuted who had registered the deed for property Y?
Raj Kumar Makkad
(Expert) 23 May 2013
The contents of GPA shall have to be gone through prior to replying your query. I am not in favour to initiate any criminal action even without considering the facts/terms and conditions of GPA.
Deepak kharat
(Expert) 23 May 2013
How GPA could have contained the details of property Y and as regards property X the same is presumed to be as per POA and can not be filed FIR or prosecute Sub-registrar.
Raj Kumar Makkad
(Expert) 23 May 2013
There are many ways to draft GPA. It may be even like blank cheque which may provide all powers without mentioning about a specific property so better to first go through the contents of GPA and only then to decide future course of action.
ajay sethi
(Expert) 23 May 2013
if it was specific power of attorney only for sale of property X then son has no powers to sell property Y belonging to mother
