Real estate missue of power of attorny
sachin
(Querist) 15 September 2011
This query is : Resolved
My father and my aunty(father's brothers widow) are joint owner of a property (3.14 acres land) they given this a power of attorney to a contractor(one of the relative), in that deed there is point mentioned he can execute the sales deed on behalf . misusing this power he converted the land to NA and sold few plots to few people, No my father have 3 daughters and one son, recently he passed away the sale was done before his death, no one of us are aware of this sale, now where see the paper its giving different name can you help what can we do now.
ajay sethi
(Expert) 15 September 2011
if your elders had given an power of attorney authorising one of the relatives to sell the property and in pursuance to said power property has been sold the sale is binding on the family .
please check whether power of attorney is registered .
sachin
(Querist) 15 September 2011
Sir the power of attorney is registerd before the notary, This is the Genral Power of Attorney in which they mentioned one point "After the layout plan; he shall execute the agreement and sale deed in favor of purchasers of the said said land plots."
Sailesh Kumar Shah
(Expert) 15 September 2011
In addition to advise of Mr. Ajay Sethi, Check that consideration of sold plots passed to your father or not ?
Sailesh Kumar Shah
(Expert) 15 September 2011
I have gone with your second post after posting the first one. you can file suit cancellation of sale deed.
ajay sethi
(Expert) 15 September 2011
if power of attorney is not registered and merely notarised the power of attorney holder cannot sell the property .
sachin
(Querist) 15 September 2011
"please check whether power of attorney is registered"
Sir how can I check whether its registered or not there is only notary real on the documents
Ganesh Chavan
(Expert) 15 September 2011
Mr.Sachin as per the Recently judgement made by the Hon'ble Supreme Court that each P.O.A. involve immovable Property must be Registered before Sub Registrar office and the Parties should pay the Proper Stamp Duty as per the value of the Property and Registration fees.
sachin
(Querist) 15 September 2011
Thanks Ganesh actaully that contractor had registered the land before the sub-registers i,e he as selling party and new party as buying party, with out informing either of us. he sold that property without asking us.
sachin
(Querist) 15 September 2011
@sailash "In addition to advise of Mr. Ajay Sethi, Check that consideration of sold plots passed to your father or not ?"
My father was unaware of this even we , recently he passed away
Sailesh Kumar Shah
(Expert) 15 September 2011
Dear Sachin
Now, as per facts said by you that you have to go the Civil Court for cancellation of Sale Deeds of plot. You can also take criminal action against contractor.
Raj Kumar Makkad
(Expert) 15 September 2011
Sachin! Notarized GPA is not a registered document so any sale can be made by way of this GPA. File civil suit as well as Criminal case under section 420 IPC against your so-called relative.
sachin
(Querist) 15 September 2011
Thank you all @raj kumar The POA is not registered before sub-register ,"Notarized GPA is not a registered document so any sale can be made by way of this GPA" -- is the law is same across the india , I mean is there any different law in karnataka state which says its valid can you please confirm
Sailesh Kumar Shah
(Expert) 18 September 2011
Dear Sachin,
In India, Notarized GPA is not consider for valid sale transaction of Immovable Property.
Guest
(Expert) 18 September 2011
I agree with experts opinions.
