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Yunus (postman)     24 April 2016

Notarized agreement

I am residing in Sangli district of Maharashtra.  One of our Agent came to me and asked that 1Guntha land wanted sale and party wants immediate cash as they are in need.   I checked his documents and came to know that Land purchased in 2008 and is having NA Certificate from MahaNagarpalika but not having NA Aadesh (from Collector) hence the Sale deed was not possible.  Even parties Name was not exist on 7/12 extract. 

The party was very badly in need money hence I paid Rs.3 Laks after notarized all the points.  He also agreed that the he will take Rs.3 Laks by Cheque.  We decided that balance 1 Lak will be paid at the time of Sale deed.  As the property was not NA and 7/12 name also was not present hence we prepared notary documents and he signed on “Kabjepatti”, Power of Attorney & Kharedi purv Karar.

Meantime we have collected his original documents and applied to appear his name on 7/12 extract and finally we succeed in that.  Now with new 7/12 extract we met him and informed to finish the Sale deed but now he refused telling that I will not do as the cost is very less.  We have paid Franking amount and done other miscellaneous expenses.

Can is file a suit on him or please suggest any solution for this. 



Learning

 1 Replies

Kumar Doab (FIN)     24 April 2016

If he was not owner then how could he issue POA on that date?

If there is no defect in POA and it is registered then the power holder can register the property in line with powers as in POA.

You may show all docs on record to an able counsel specializing in such/property/revenue/civil matters and well versed with local laws for a considered opinion.


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