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Ramesh (-)     27 April 2013

Property dispute

Mr. A bought a property, by way of sale deed, from Mr. B. Subsequently, Mr. A took possession of the same and completed mutation proceedings, constructed a house and rented. Municipal taxes are also being paid. Now, a case has been filed against Mr. B, saying that he had given a Power of Attorney to Mr. C before the execution of sale deed to Mr. A and on the basis of PoA, Mr. C has entered into a sale agreement (before the date of sale deed) with Mr. D and already took a huge advance amount. The plaint asks for cancellation of sale deed to Mr. A and register in favour of Mr. D after receiving the remaining amount. In this scenario, I request the forum members to advise legal options of Mr. A to continue enjoyment of the property he bought legally. Mr. A was not aware of the existence of PoA executed by Mr. B in favour of Mr. C, during his purchase.



Learning

 3 Replies

advocate praveen (prop.)     27 April 2013

Dear,

POA executed by B in fav. of C is matter of trial and the detail of the POA.  However, A has the valid sale deed and A alos in the possession of the protpery. 

On the other hand C entered in to A.S. with D, while this is not valid as C did not have the clear title over the property. 
Therefore A in the previlage to enjoy the property.

regards

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 April 2013

 

Under the new rules, a power of attorney holder seeking to carry out a land transaction will have to provide documentary evidence to the sub-registrar to prove that the principal, the person who issued the power of attorney, is alive. The principal has to obtain a "live" certificate with his photograph affixed to it from a registered medical practitioner or a gazetted officer. These certificates are valid for 30 days.

Ramesh (-)     27 April 2013

Dear Sir,

 

Thanks for your reply. In this case, do you think A should take any steps like filing a complaint/suit against B, who hide the fact about PoA given by him to C and causing this unnecessary problems? Will the onus be on B only to sort out this problem with C and D? Generally, how the court treats such cases, assuming that PoA has got full powers to sell/sign agreements and also where the agreement is executed before the date of sale deed by the principal? In short, if the sale agreement by the PoA is prior to the sale deed of principal, which is valid?

 

Regards


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