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jayganesh   10 March 2015

Power of attorney by a co-sharer

Originally property belongs to Mr. X. He died and left 5 legal heirs. The fifth legal heir executed General power of attorney for above said property in favour of my client Mr.Y. My client had divided the property into plots for real estate purpose and sold the plot no 122 to Mr.X without any consent from remaining 4 heirs only for his business use with oral agreement to return the property after 3 years. But he (Mr.Y) sold the plot no 122 to  another person. My client talked to both of them and informed them that sale itself a void one and return the possession of property. But they denied. Now how can we get the possession back? What legal remedy is available to my client?



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 4 Replies

Suneet Gupta (www.vashiadvocates.com)     11 March 2015

Your client should be criminally prosecuted for cheating and forgery as he sold the plots even though he did not have any right to do so.

Both the legal heirs as well as the purchasers (Y and subsequent purchasers) have a right to file a case of cheating and criminal breach of trust against your client.

Best option is to return the money of the purchasers and pay them extra for out-of court settlement.

kavksatyanarayana (subregistrar/supdt.(retired))     11 March 2015

No doubt your friend made fraudulent registration to the both parties.  Hence he should request the parties in amicable way get a cancellation deed by the both parties i.e your friend and 1st buyer, and your friend and 2nd buyer and get them registered.  otherwise it amounts to criminal and also no legality in registration of the said sale deeds.

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

This is a clear case of fraud played by your client, advise him to amicably settle the issue lest legal consequences may be tougher to face.

MUKUND KUMAR (Lawyer)     15 March 2015

You have 2 mr x in your story, so elaboration should clear mr.z. however, any property/title can't be sold two different buddy like one lady can't marry two man. Understood ? Get it cleared soon. Otherwise there will be a very big problem.

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