Rights of a flat owner
sanjeev
(Querist) 01 November 2009
This query is : Resolved
The original plot owner had passed away in 1993 and before his death he had given his property for development to a builder. The builder by 1992 sold all the flats and now in 2009 he has gone ahead and sold the Common terrace can he do it secondly does the Power Of Attorney given to the builder still exist in 2009 when the owner of the plot has passed away in 1993.
BHANU RASPUTRA
(Expert) 01 November 2009
power of attoerney with paymnet of money is in existence eventhough person died.
check whether all paymnets are received by your father.
Kiran Kumar
(Expert) 01 November 2009
sanjeev ji, the documents concerning the transaction will speak off the things.
read them carefully and find out the rights and duties given to the POA holder i.e. the builder.
whether legal permission has been taken or whether the POA terms have been violated all has to be seen.
generally the POA comes to an end with the death of maker, but find out whether any contract was entered with due consideration at the time of execution of POA
adv. rajeev ( rajoo )
(Expert) 01 November 2009
POA ends with the death of the executant. PA has to verify regarding the terms
Raj Kumar Makkad
(Expert) 01 November 2009
POA after 1993 can not be used by developer and if used say now misuese, he has committed a criminal offense against which he can be criminally prosecuted and by filing a civil suit, all acts done by him after 1993 by the use of that aforesaid POA can be got nullified.
Kamal Grover
(Expert) 02 November 2009
POA ends with death but go through conditions of POA.
Regards
adv.kamal.grover@gmail.com
Sachin Bhatia
(Expert) 02 November 2009
POA ends with the death of the executant. Read the terms of the POA.
Mani Narayanaswamy
(Expert) 02 November 2009
In my opinion, the builder cannot sell the said terrace portion. the terrace portion alone cannot be sold unless it has an undivided share in the land. Further, the POA dies along with the principal. File civil suit restraining the developer from selling.
