Misuse of poa. sale deed through unregistered poa , maharashtra state in 2005.
k dayal
(Querist) 25 January 2016
This query is : Resolved
In Jan 2000 I taken loan of Rs. 1,85,000/- from Illegal money lender. Against loan amount I handed over original property papers to money lender & also signed 2 documents. 1. Sale agreement on 100 Rs. stamp paper.In this agreement I confirmed that against my property I have received Rs. 2lakhs of final amount of Rs. 3 lakhs from wife of money lender and after getting pending amount of Rs.1 Lakh in one year I hand over my property to wife of money lender. & 2nnd agreement I signed was POA on 100 rs. stamp paper. In this POA I authorize money lender to sale my property.
I have learnt from reliable sources that in May 2005 he misused POA and transferred my property in his wife name. Though till today he never demanded possession of my property.
Due to some extremely tough conditions i-e death of my parents mom & dad & my brother illness I am not able to confirm from office of registrar wether money lender really transferred my property to his wife's name by misusing unregistered but notorised POA in May 2005.
Kindly guide me whether it is possible that he transferred my property to his wife's name by misusing POA , if yes than advice me how I cancel sale deed and take any legal action against money lender.
Also suggest me in future if he demand possession of property can legally I am in position to refuse possession of my property.
Devajyoti Barman
(Expert) 26 January 2016
File a suit for declaration of the said sale deed as null and void.Do not part with physical possession of the property.
There is no other way out.
P. Venu
(Expert) 26 January 2016
The facts mentioned are less than convincing.
Rajendra K Goyal
(Expert) 26 January 2016
First collect all related documents and confirm whether the sale deed has been registered or not?
Have you paid the said debt to money lender?
Show all documents to your lawyer and discuss.
Rajendra K Goyal
(Expert) 26 January 2016
query repeated.
http://www.lawyersclubindia.com/experts/Misuse-of-poa-sale-deed-through-unregistered-poa-maharashtra-state-in-2005--581171.asp
http://www.lawyersclubindia.com/experts/Misuse-of-poa-sale-deed-through-unregistered-poa-maharashtra-state-in-2005--581176.asp#.VqccI_l97IV
H.M.Patnaik
(Expert) 04 February 2016
You can engage a local lawyer dealing in transfer of land title, to verify the position and clarify your doubts.
Before going for legal assistance, you can browse the BHULEKH website of your state to find out the title holder of the property in question .
K.S.Srinivas
(Expert) 04 February 2016
I go with the expert Sri Devajyoti Barman.
