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sampath (Manager)     19 September 2012

Ancestral property without partition deed. salable or not?

 

My mother and cousin(mothers late sister's daughter) had given Power Of Attorney to my uncle 4 years ago to sell ancestral property as he was financially very ill.I was away from the country and my cousin's brother was a minor then.The uncle promised that he would part with some amount of the sale proceedings and got the POA executed at a sub-registrar's office .Since then he has not been in contatc and refuses to reveal if the land is sold or not and about the sale proceeds that he owes us if sold.But we have now come to know through other non reliable sources that the property has been sold in 2009 itself.We have not received any of our share so far.


The catch is that the concerned ancestralproperty is without a partition deed.Can such property be sold if one of the legal heirs refuses to sign/give POA ?In this case my other aunt had refused to sign the POA.


Learning

 3 Replies

A.SUMATHY 9380902017 (LAWYER)     19 September 2012

that sale deed is not valid.

sampath (Manager)     20 September 2012

Sumathy-Thanks a lot.I have some questions based on your answer

 

  1. So is this sale considred against law(forgery)?
  2. Can i take my uncle to court or lodge a complaint with the police for doing so?
  3. What will be the consequences if i cancel the POA?

A.SUMATHY 9380902017 (LAWYER)     20 September 2012

1) yes.

2) Yes immediately. through civil proceeding 3 years limitation from the date of knowledge.

3) nothing.


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