Property transferred on power of attorney
reeta tripqathi
(Querist) 10 March 2013
This query is : Resolved
My father bought a property from a person through power of attorney(we call it kaccha registry) in 1992 who had bought property from two brother one of them is died some times back.Now, some body(x) has got that property registered on his name from initial two brother (one of them is died. However, all the chain of documents is with us.Would like to know whether property id transferred on his name or we stand a chance to fight this case in court
ajay sethi
(Expert) 10 March 2013
you havs stated thta you bought property through POA . was the POA registered?
you have stated that subseqnetly the same property has been sold by the original owners to thrid party and registration has been issued in name of the said third parties .
when did this happen ? how did you come to know about it ?
issue legaal notice to said purchaser and the original owners . file suit for declaration that you are the owner of said property . file criminal complaint of cheating , criminal breach of trust aginst the original owners . contact a local lawyer
Raj Kumar Makkad
(Expert) 10 March 2013
Kacha registry has no meaning before law. Ig GPA was unregistered then its holder had got no legal right to make its sale to you and thus you might have been vigilant enough prior to the purchase of the property.
Now meet a local lawyer and show him entire change of the title as claimed by him and do as advised by him.
Devajyoti Barman
(Expert) 10 March 2013
If the POA was not registered then the transfer is of no value.
reeta tripqathi
(Querist) 10 March 2013
GPA is registered.but, it was done in 1992.......then do we stand a chance?
Raj Kumar Makkad
(Expert) 10 March 2013
If GPA was registered and not cancelled/revoked prior to the transaction made by its holder then the Principle is bound by his act.
reeta tripqathi
(Querist) 11 March 2013
Dear Mr. Ajay Sethi,
Actually, it is done by one of our relatives who be fooled the owner saying that it was told by us to register that land in favour of him.Later, the owner found something fishy as our relative was not able to produce the original documents of land and then he told to us about this forgery.It seems that the owner is in our favour though not sure.He is in our favour.However, It was done on 7/8 march-2013 only.
