General poa - forged multiple sale deed
Stephen
(Querist) 30 August 2015
This query is : Resolved
Dear Sirs,
Couple of years back, I had bought a piece of revenue site plot supposedly in a privately developed layout. Upon trying to sell thru my friend who has approached a agent, I ascertain the same plot been sold to many people and fencing been done to adjoining plots, i suppose its a case of forgery by the original owner. As I live abroad and my work warrants to travel frequently. Please help me what kind of case I need to register against owner and obtain some-kind of refund / settlement and importantly what kind of GPoA (with any sample draft) and what stamp paper amount I can give to my friend to represent on behalf of me to take forward this case.
Appreciate your help and invaluable advice in advance.
Regards
SBoaz
Rudrawar Narayanreddy
(Expert) 30 August 2015
challenge the sale deeds in civil court. Subsequent sale deeds are null and void. subsequent sale deeds will not transfer title as the title is vested in you.
You can also file criminal case for forgery and also cheating
Stephen
(Querist) 30 August 2015
Sir,
Many that for you advice. Based on your advice, I would like to explain my case it more elaborately.. i.e actually my friend has ascertained that there are other claiments to the sale property with prior sale deeds date and I am not sure how many sale deed occurred after mine. Given this if the owner who has forged this and trace him and will to settle, in that situation my query was what kind of case I need file him and to oversee all this what kind of GPA I need to give to my friend who can handle these on my behalf. The reason I am posting is because I am not living in India.
Hence I am kindly requesting lawyer group to guide me.
Many thanks once again.
SBoaz
ADV-JEEVAN PATIL, MUMBAI
(Expert) 30 August 2015
It is advisable to show to lawyer the sale deed executed between u n seller n consideration that u paid thereof. Depending upon, your lawyer will advise which course of action n complaint/suit u should initiate
Dr J C Vashista
(Expert) 31 August 2015
Engage a local prudent lawyer to find out other transactions qua the property and file a declaratory suit with permanent injunction. Besides this, a criminal case for cheating anf fraud has to be registered against the vendor.
Stephen
(Querist) 31 August 2015
Dear Sirs,
Many thanks for your valuable guidance.
I have one last query. Based on your suggestion, it appears I / agent need to initiate 2 type of proceeding in court. i.e file declaratory and injunction and also file criminal case against the vendor. Therefore to do all these can I nominate an agent with GPoA to handle on behalf of me.
While awaiting your response. In advance many thanks for you suggestion.
Regards
SBoaz
T. Kalaiselvan, Advocate
(Expert) 04 September 2015
A criminal complaint with the police as well as a suit for declaration of title and injunction for restraining the defendants from interfering or encumbering the property no doubt is the choice before you. You can also engage a agent by executing a power of attorney deed in his favor to carry out these works and other related court proceedings and for that you have to execute a poa deed at that country itself and get it duly notarised by a notary of that country and send it here to the agent directly who will engage an advocate to take care of the issue accordingly.
However my query is whether your sale deed was a registered deed or not?; whether you have ascertained that the same property was sold to many people and do you have any documentary proofs to establish the crime?
