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Kaustubh (software engineer)     25 May 2012

Property sale through power of attorny

Hi,

My maternal grandfather owned a piece of land in Pune which he was not able to look after due to health reasons. So he sold the land to his brother through registered power of attorny. The transaction was done with cash payment of Rs. 80K. But later grandfather's nephew cajoled him to return the cash as the nephew was in urgent need of money and issued post dated cheque which bounced. My grandfather as well as his brother are no more now and now nephew is in the process of selling the land. This whole amounts to pure case of cheating. 

Now can my mother take any action to stop the sale? The 7/12 extract still shows the land is in my grandfather's name. Is the sale through registered power of attorny is still valid after death of both parties and can it be inherited by nephew?  I still have the bank notification of the bounced cheque (It was issued around 6 years back).

Thanks,

Kaustubh

 



Learning

 1 Replies

Sneha Mishra (Advocate)     25 May 2012

Dear Kastubh,

The power of Attorney is valid only till the person who has made POA is alive. whereas just wanted to know from you was there any registered sale deed or conveyance deed executed between your grandfather and his brother bcoz if at that time any registered document was done, which was signed by someone whom your grandfather has granted his powers than such transaction would be taken as a legal transaction.

 

Adv. Sneha Mishra

 


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