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Hardik   21 October 2016

Possesion of mhada property

Hello All,
I have purchased a MHADA plot from the owner 20 years ago. I have the registration letter, lease agreement and stamp duty and area certificate. Now I need Possession from MHADA. I have taken a Power of attorney from the owner and registered in the registrar's office. The POA says that i have full authority to take possesion of the plot on behalf of the owner.

The problem is the offiials say that we need the owner for possession . But the owner is not in India now and is unwilling to travel as he has already provided Power of Attorney.

Kindly guide me how to proceed further, i am in deep trouble regarding this and will really appreciate your advice.



Learning

 6 Replies

Kumar Doab (FIN)     21 October 2016

You have posted that:

"The problem is the offiials say that we need the owner for possession ."

The POA is dead with death of Principle (owner). So officials are right.

The possesion is usually given to owner.

Do rules provide that for possesion POA can be accepted?

 

"The POA says that i have full authority to take possesion of the plot on behalf of the owner.'

Who suggested you to wait for 20 long years and go to authority with 20years old POA?

 

 

 

Kumar Doab (FIN)     21 October 2016

Also posted at; .......

https://www.lawyersclubindia.com/forum/How-do-i-take-possession-of-mhada-plot-143487.asp..

Hardik   24 October 2016

Thanks a lot for the reply.

 

Sir the POA is not 20 years old..I have registered the POA with the registrar 3-4 years back. The owner too is not DEAD. He is alive but is not in town thus couldnt take Physical possession himself.
Is there any possibility that I can take the possesion and start construction?

Really appreciate your reply. Kindly guide me further so that i can get this issue resolved.

Thanks a lot.

Kumar Doab (FIN)     11 November 2016

Repeated query.

In previous query you had posted owner is  not in town.

In this query you have posted owner is  not in India.

It was suggested that you may go thru the rules.

If officer is right then you may have to notice the owner to appear before Officer/authority for possesion.

 

Have you discussed the matter with a local counsel specializing in such matters andwell versed with local rules?

 

If yes what is his opinion?

.

Hardik   11 November 2016

Hello Sir,

The Owner is not available, that is a fact and I am not able to do anything about it.

As per your suggestion i have gone through the rules.
The very first point in the POA mentions that the owner is no longer able to take care of the legal formalities of the said property, thus he is assigning full authority to me especially in taking possesion of the said plot from MHADA and paying all the dues if any to MHADA.

I am not understanding what is the issue here and who else should i consult.

Registering the POA is useless if no one is going to follow the written agreement.

 

Can you please suggest what you mean by local counsel.

I have consulted MHADA officers and other money hungry brokers/agents but the path suggested by them if of corruption and bribery. The lawyer who framed the POA is nowhere to be found and is very rude whenever me/my mother turn up at his office and literally ignores any appointments.

Thus i have turn up to the internet forum to get some path to resolve my issue.

Really appreciate your responses and help.

 

Kumar Doab (FIN)     11 November 2016

'Can you please suggest what you mean by local counsel.'

Local counsels specializing in revenue/property/civil/society matters etc can counsel you.

 

LCI Experts Mr. Hemang Agarwal, Mr. Kishore Mehta, Mr. M V Gupta are from Mumbai/Maharashtra.

 

Discuss with them, for a considered opinion.


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