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Sreeks (Pvt)     23 April 2014

Power of attorney after 25 years

My father had bought a property from a lady who had given power of attorney to her father to sell the same 25 years back in Kerala

The power of attorney was done on stamp paper from Kerala and was signed at Punjab where she was that time.

Now while we were trying to sell this property, the new buyer indicated that the power of attorney executed that time was not properly registered at sub-registrar place where land is and hence this could give rise to legal problem where in the lady can claim that the power of attorney was never given by her.

My father has been paying property tax of the land and all titles and deeds are in his name and all documents reflect his name. The lady has never come so far asking for the land or filed a case against invalid power of attorney.

 

My question is 

 

1) whether she can come now or any time in future claiming so ? 

2) If so, Whether she can file a case after so many years  for the same and will it be accepted ?

3) Is there a genuine problem here ?

 

How can we safegaurd against this potential loophole.

 

Please advise. 

 

Thanks

Sreeks



Learning

 1 Replies

advocatepassy@gmail.com 971794 (Advocate)     09 September 2015

Usually sale deeds are not registered on power of attorney.  It could be on the stamp paper with witnesses but it has no legal strength.  But the fact is that your father has his name in the records and paying all the taxes, is a proof enough that he is the legal owner of the said property. He cannot be evicted.  So do. Do. Not have to worry at all. On this account


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