Sale of property
Sanjay
(Querist) 03 April 2012
This query is : Resolved
Hello Sir/Madam,
A property was sold to me by my mother in the year 1998, when i was minor. The transfer took place on P.O.A., the original registry (not P.O.A.) for whole plot is in my mother's name, but before such transfer, the same plot was also transferred by my mother to her father in the year 1990, after their mutual understanding, because he helped her financially in purchasing that plot.
Before 2 years I got married, but some disputes between my wife and mother it can be possible that I have to leave home. In this case, is it possible for my parents to sale my property without my permission or written consent? I have an electricity meter and gas connection in my name.
Please suggest me.
My date of birth is 02-07-83
ajay sethi
(Expert) 03 April 2012
if property is in your name since 1998 your mother cannot sell the said property .
Sanjay
(Querist) 03 April 2012
Thanks Ajayji
I have another doubt is that my parents are enforcing me to leave the home & stay another place on rent. Can I refuse this?
And in my absence can my parents sold this property?
ajay sethi
(Expert) 03 April 2012
it is in your interest to leave .
if tomorrow your wife deserts you and files case against you and your parents
then you and your parents can be arrested better stay separate
Sankaranarayanan
(Expert) 03 April 2012
yes i agreed with mr sethi that once it is your name then your wife have legal right, so better to leave amicably from the place and live separately is better way
Sanjay
(Querist) 03 April 2012
Sorry to leave discussion in between. Actually i had gone to bank for company's work.
Sir, further i want to know that if i live on rent separately is it possible that my mother can refuse this sale due to my minority and sale this property to another person. Because she holds original registry (Not P.O.A.) in her name.
Sanjay
(Querist) 03 April 2012
Actually this plot was 120 feet. In the year 1990 half of this plot was transferred by my mother to her father. And after that in the year 1998 she sold this property to me on P.O.A. My mother holds the paper for 120 feet . That's why i want to know that can she override my P.O.A. on behalf of these papers.
ajay sethi
(Expert) 03 April 2012
how can your mother sell property to you . if half of plot had been sold to her father in 1990 then in 1998 she cannot sell the entire plot to you .?
what are the clauses in POA? is POA registered? is the entire property still in her name?
she must have merely appointed you as power of attorney for the plot .
my sincere advice to you is to consult a local lawyer . show him the POA and other papers of the case .
Sanjay
(Querist) 03 April 2012
No sir not entire plot only half plot i.e. 60 feet.
Sanjay
(Querist) 03 April 2012
In P.O.A. it is mentioned that i (my mother) have sold this property to my son and in future we will not have any right against this property.
And suppose as you said "she must have merely appointed you as power of attorney for the plot ." then can i have no right on this property
ajay sethi
(Expert) 03 April 2012
if your mother has merely given you power of attorney for sale of her property is itregsitered? . your mother can revoke her power of atoorney .
why is the propety still standing in her name as per records?
why are original documents of property still lyng with her?
Sanjay
(Querist) 03 April 2012
yes sir it is registered, and i have electricity meter and gas connection in my name on that plot.
My all documents either mark sheets, degree's is lying with my mother.
Could you tell me from where can i check my property's paper?
ajay sethi
(Expert) 03 April 2012
contact a lawyer . he will do the needful . spend some money on legal fees too .
Sanjay
(Querist) 03 April 2012
o.k. sir, simply i want to know that if a person has p.o.a., electricity meter and gas connection in his name. Is he supposed the owner of that property or not? And can he sold that property and can sue for that property to other or not?
