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mohamed azar (manager)     21 January 2013

Nri heirs

hi,

Our land, in which no partition has been done yet. Belongs, to My grandfather and his two brothers settled in malaysia all of them died. my grandpa in india and rest of them in malaysia. those who settled in malaysia along with their siblings never come to india. Local land grabbers they went to malaysia and got power of attorney from them, and selling their part of lands here. Those who gave power of attorney have never come to india. And is it legal to sell the land which is not disputed? What are the steps need to be taken to stop those activities from the land grabbers? 



Learning

 6 Replies

Advocate Vishnu (Advocate)     21 January 2013

you must file a suit for injunction and partition on the said properties to prevent the land grabbers from selling away your rightful share in the property.

mohamed azar (manager)     21 January 2013

Hi Vishnu, is that POA is a valid one? As the NRI haven't come here and the POA don't have any attestation from Indian embassy, only have notary public stamping.

bhagwat patil (Property due diligence 9422773303)     21 January 2013

If the POA is notarized in Malaysia is not legal for documentation in in India,as you say they never came to India the notary document might be fabricated one as to notarize the document the person who signs the POA should remain present physically in front of notary and sign before him in his presence.It will prove the notary is fake and fabricated and the sale deeds effected by vertue of such fake fabricated POA are void.

mohamed azar (manager)     21 January 2013

Thank you, advocates Vishnu and bhagwat. How to obtain null and void in this case? As the land grabbers started selling the lands by holding such fabricated documents. How to stop them by law?

Advocate Vishnu (Advocate)     21 January 2013

obtain a certified copy of the land from the sub registrar's office under which the property is situated. Then you must file a suit for injunction against creating third party interests.

mohamed azar (manager)     21 January 2013

Thank you tons to replies. If the heirs are citizens of Malaysia, Still they can give POA to sell the un-partitioned land which is heritage property for us. Or is there any spesific clearance they needed such as FEMA?

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