What legal action can be taken

Mam,

 

Was the agreement to sell ever converted into the sale deed and the property was finally trasnferred to you or your husband?

Another question is that your husband is the only owner of the property as per agreement to sell or not ?

And what were the terms of POA?

Please come back with a reply so that I can look and advice you.

 

Regards

Kapil Chandna Adv

9899011450

No, the agreement of sale was not converted into sale deed neither on my name nor my husband.

No, i have a equal right in the property.

I have no much information about the POA, my husband said it was a general POA signed without my consent( my knowledge) I was not aware about any of my husbands actions that he borrowed money for the flat,signing of POA and handing over the agreement of sale and keys of the flat.

Mam,

 

See the agreement to sell do not give any power over the property except the Part Performance benefit under section 53A of the TPA and since in your case the property has not been transferred, I personally think the contents of POA are required to be known as to what extent you husband had given him power to deal with the property and all.

Another thing is was the money given in cash or by cheque?

 

And since you have equal share the POA should not be given by him ...

 

Regards

Kapil Chandna Adv

9899011450

As a matter of facts,possession of flat was handed over to you in the year 2009 itself under the agreement of sale executed and registered by and between builder and both you and husband.So as to evict the tenants out of the premises,you should approach the concerned civil court against the money lender who is not supposed to do the illegal act on the basis of the GPA executed by your husband without your consent and knowledge as you are also a rightful possessor of the flat.Finally,you can sell the flat after taking legal steps duly despite not having original papers of the flat on hands.

Thanking you,       

Thank you so much for your response Adv Chandan and Adv Subhash. I am aware my husband should have not given the POA without my consent. So, now that its been issued does it hold any legal value since all concerned parties have not signed. The money was given in cash. What exacly should my legal steps be... 1. Transfer the flat in my name by making a sale deed ?Will this help? OR Does the agreement of sale precedes over Sale deed. 2. Filing a case in civil court against the money lender for illegal act on basis of GPA. 3. Serving public notice in newspapers and serving a notice to the tenants to vacate the flat and if they dont vacate register a polic complaint against the money lender. (This was advised by a local advocate). My concern is Which legal action would be appropriate and taken first. I am confused as to how i should go about this matter. Please help !!!