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Rakeshh Gawale   17 September 2024

Sale deed through power attorney - challenged

Namaste!

Plaintiff bought a piece of land through a Power of Attorney Holder in the year 2013. His name got mutated in the land revenue records in the year 2015. Since then, he was enjoying peaceful possession of his property. He passed away on Sept-2018 and immediately after that the land was sold by the erstwhile owner to a third person (in spite of the plaintiff's name being there on the 7/12 extract)

The agent (PoA holder) sold the land stating that it is a non-agricultural land and also attached a NA order along with the sale deed documents. During mutation it was identified that the NA order was cancelled and hence the Plaintiff's name was updated in the right hand section of the 7/12 extract.

The remaining details are mentioned in the atatched document. Request experts to guide me in this situation as to what are the chances of the Plaintiff to get the desired relief.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     17 September 2024

Without knowing what case has been filed and the relief claimed by the plaintiff and the documents he rely upon to support his case and also at least some minimum details no proper opinion can be rendered. 

You have stated that the plaintiff died in the year 2018 but your concluding question is that how will the plaintiff get desired relief. 

What is the relief he desired,  whether the deceased plaintiff had filed the suit?

 

Rakeshh Gawale   17 September 2024

Yes Sir! All the details are mentioned in the document attached. 

Dr. J C Vashista (Advocate )     18 September 2024

Some facts of the post are vague and confusing such as

a) piece of land recorded with revenue department is non-agriculture (NA) ?? 

b) 7/12 got endorsed with the name of vendee and he is enjoying possession since 2015 for NA land ?? 

c) Sale transaction of the land was facilitated through GPA properly executed registered and mutated in revenue record, what else / doubt qua transaction ?

d) What is the case filed by GPA against the vendee ???

Show the documents to a local prudent lawyer for better appreciation of facts and professional advise. 

T. Kalaiselvan, Advocate (Advocate)     18 September 2024

There's no document attached here, you may better approach any other lawyer with all your questions ignoring your own conceptual thoughts and obtain a second opinion in person.


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