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Saahil Gupta (Service)     13 October 2010

Saled Deed Executed by Notary Power Of Attorney

Mr X has 253 sq yds Plots in Delhi Rajapuri for which he has sale deed of 2005.

 

He sold 118 Sq yds out of 250 Sq yds to some one in 2007.

 

Then he (X) gave notary power of of attorney (unregistered agreement to sell, unregistered receipt, unregistered possession letter) of rest of the plots 135 Sq yds and all original papers to Y in 2008.

 

Then in May 2009 He sold me (Z) a plot of 50 Sq yds which was part of 135 Sq yds by a Sale Deed.

 

 

Then Y ( owner of power of attorney) sold 135 Sq yds to P by sale deed in September 2009. Now there is conflict between me (Z) and P about the title of property as my 50 Syds plot is in 135 Sq. Yds. Mr X has ran away.

 

 

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1> We filed numerous complaints to police and we also filed case in Public Grievance    Commission but Police didn't take any concrete action.

 

   Now what p did:: P gave money to some poor lady (G) then G trespassed in our property    and then G filed a collusive case in court by showing some rent receipts against P that    P want to dispossess her. Court gave stay order to G that P cannot dispossess G.

 

   When we came to know this we filed 1/10 application in that court and became party of    the collusive case then I(Z) and P gave in written that we would not dipossess G   whithout due process of Law and as suite for Possession is already pending in ADJ, Dwarka    court.

 

  This case is now disposed off and closed.

 

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2> We filed case against X,Y,P and G for Declaration, Possession, Damages ,Permanent and    Mandatory Injunction in the court of Additional Session Judge.

 

   In this case we got stay and L.C. was appointed and he has already submitted report.

 

   Case is now there for Admission and denial of documents and Framing Of Issues.

 

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3> We have also filed a criminal case for against X,Y,P and G In this case judge ordered      A.C.P. to make report but after 6 months also they have not filed in any report in the   court and no FIR is still Registered. ......................................................................................................................................................

 

My Query is:

 

1 what is the merit of my case and will court take the Unregistered Notary GPA  while passing the judgement. 

 

2 Is there any Judgements that Notary GPA cannot be used for executing Sale Deed.

 

3 In the criminal case if police submits the report and did not register the FIR then what will happen in that case will that case will be dismissed?

 

4 Defendants have threatened us they have around 15 People of lives near to our plot. Who can give in written that possession was with Y and he transferred it to P and we were never in possession and then we will Lose the case.

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Learning

 5 Replies

Guna Shekaran R (LAWYER)     13 October 2010

Registration of POA is MUST in case of sale of immoveable property to avoid such conflicts. Procession is 9 points out of 10 points in Law.

adv. rajeev ( rajoo ) (practicing advocate)     13 October 2010

Registration of PA is must if it is executed in favour of rd person other than blood relation.

G.L.V.Ramana Murthy (Advocate)     14 October 2010

Absolutly in valid in view of the provisions of Section 54 of the Transfer of Property Act and Section 17 of the Indian Registration Act.

Ramanamurthy. 

Senior advocate

Deepak Parmar (Accounts Manager)     17 October 2010

Dear Sir,

 

I am having one query, if the POA is Notarize by the Notary Office as BEFORE ME with all stamps & signs, but he has not mentioned the Serial Number of his Register, then does that POA is Invalid,

 

And the Same POA is also Register with Regisration Office.

 

If No Serial Number is Mentioned, then what we have to do.

 

Regards

R.Ranganathan (Advocate)     24 October 2010

Unregistered POA is not valid. If you have possession then you don't have to worry. The sale deed executed in your favour was by X himself. P only has to worry about the property. If he threatens you then give another complaint against him. He cannot claim the property from you.


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