Karnataka land revenue act
basavaraj shiromani
(Querist) 11 January 2014
This query is : Resolved
Mr.'A' on the basis of Irrevocable Power of attorney sells the property of 'B'. to different two persons under registered sale deed on different dates. But 'B' denies that as 'A' is not his power of attorney and denies that he has not received any consideration amount from A in this regard.
both Registered holders applied to enter their names in the revenue records by deleting the name of 'B'.
Whether, the revenue authority can enter the names of two purchasers to the same property purchaser in different dates ? what option the revenue authority can take in this situation. How sec 128 of KLR is application ?
Adv Akhtar Ali Sheikh
(Expert) 12 January 2014
Prima facie the name as such can be entered by the Revenue Authority, but since there is a fraud and the owner knows about it, he will naturally take all the measures to nullify the effect of fraud and save his property.
Hence the revenue authority will not do the mutation entry. The question of option of revenue authority is out of question.
Now the Power of Attorney holder and the purchasers have to rule out the option if they are not to be prosecuted for fraud unless of course the owner of the property is telling a lie that he has not given a power to deal with the land.
In other words if the owner has not given the power to A and B has purchased in collusion both will be prosecuted for offences of forgery fraud etc, otherwise A will be liable.
Pradeep MK
(Expert) 12 January 2014
The owner "B' has to file suit for injunction and declaration against the purchaser and alleged POA holder.
If the POA is not registered then the sale deed in favour of purchasers is not valid.
The owner can lodge his objection before Revenue authority against application for change in the name in the revenue record.
Owner can file criminal case against "A".
However the POA is valid one the first purchaser will be entitled for mutation in his favour. The reply will differ if the possession is not with "B"
krishna mohan
(Expert) 13 January 2014
Check whether POA is irrevocable. The dispute between owner and POA holder is independent. The first purchaser if having possession can demand for transfer in the revenue record. Advocate help can handle the issue legally to enforce the right.
basavaraj shiromani
(Querist) 16 January 2014
my question is when there are two conflicting registered documents before the revenue oficials, No doubt, when a registered document is produced before the revenue authority, it has no option but to enter the name of registered deed holder. but here, there are two registered documents and the genuineness of the two documents cannot be decided by the revenue authority therefore the revenue authority without effecting any mutation in this regard, it may be directed parties to approach the civil court
