TRANSFER OF PROPERT ACT
KEYUR MAJMUDAR
(Querist) 12 January 2009
This query is : Resolved
Mr X being the Owner /Vendor had given Registered Power to ABC Pvt Ltd which mentioned Joint Development Indenture also in 1992
ABC PVT Ltd Conveyed the Property to them selves ?
Is it allowed ?
Mr X feels Cheated and his Trust is Breached.
What is the Remedy for MR X to Cancel the Deeed ?
He has to Declaration Suit and other ??
What Criminal Charges can be imposed on POA holder or ABC PVT ltd.
PALNITKAR V.V.
(Expert) 14 January 2009
If Mr. X has not given power to ABC to transfer the property in favour of anyone including ABC itself, then the transfer becomes illegal. But if Mr. X has given power to ABC to transfer the property to anyone including in favour of ABC, then the transfer does not become illegal per se. The deed can be cancelled only on ground like fraud, or like circumstances by filing a suit for that purpose. If ABC has committed any offence like cheating, forgery, crminal breach of trust while transfering the property, then it can be prosecuted for those offences.
J K Agrawal
(Expert) 17 January 2009
I would like to add that It has passed very long time since 1992 you have to explain the delay and civil suit is not possible after certain period of limitation.
