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Anonymous   05 October 2010 at 12:02

cancell of POA

we [three of us]gave power of attorney to a person in 2005.as we find him to be a cheat two of us cancelled the POA. third person could not join as he was abroad. After cancelling the POA, agent has sold the land three years ago mentioning payment by DDs dated before cancelling of POA and also influenced to get the patta changed in his name. what is our option now and what is our chances in winning the civil suit. Kindly advise.


Expert : R.Ramachandran

Posted On
04 October 2010
Dear Anonymous,
How can one get the DDs dated before cancelling the POA? Suppose you cancel the POA today and inform your Agent, at best he can get the DD made in today' date and say that it was got prepared prior to intimation of the POA Cancellation. But can he get the DD prepared in yesterday's date (however influential he may be)?
Assuming that he got the DD payment earlier, did or did he not give the money to you, you being the original owners of the asset. Your points are not clear.



Dear sir,
The POA was given in Oct 2005 and cancelled in Apr.2006. The agent registered the property in Jul 2007 quoting that he has received the sale proceeds by way of DD which were dated Nov.2005. Obviously the agent and the present buyer are friends.The sale proceeds was not given to us nor we have given any receipt. Being a 'dhadha' in that area he has obtained the patta in the present purchaser's name and also has pocession of the property. The agent knows about the cancellation of POA and also taken a xerox copy of cancellation document of POA,on the date of cancellation itself and was negotiating to settle the issue so far. As we did not have the strength to fight with him we did not take any drastic steps so far. NOw when we consult a lawyer he tells about the requirement of sending the cancellation by post as a drawback. Is there any remedy to fight the issue legally. I request the advice of learned panel, and suggest a solution.
With respectful Regards
Giridharan

Bharat Gala   05 October 2010 at 11:49

Draft of Tri party Development Agreement

Dear Sir/s,

I shall be thankful to you if you send me a draft of Tri-party Development Agreement between Memebrs and the builder/Developer and Society being confirming party.

Thnaks & Regards.

Bharat Gala

Anil Kumar Ahuja   05 October 2010 at 11:35

Assignment of allotment rights to property.

Can an allottee to whom property or land has been alloted by a local authority like DDA,Urban Development Authorities or Government through an allotment letter and where the dues have been fully paid up by the allotee with permission of the alloting authority in that regard , assign such allotment right in favour of his creditor, pending regual registered conveyance deed in his favour, in consideration of loan raised from such creditor?
Whether on such assignment, the assignee shall have the right to get the conveance deed executed in his favour from the alloting authority?

sinvas   05 October 2010 at 09:58

property share-reg.

sir,
we are four brothers, among us my father purchased a piece of land (registered land)on one of his son's name, that is me now the question is my other brothers asking share saying that, father's property has equal right, but as per me, property is in my name and that belongs to me.

thanking you in anticipation, and expecting your earlier reply..

rgds.
sinvas

Anonymous   05 October 2010 at 06:11

Wrong entry in Revenue Records.

Dear Experts of the forum,

A person Mr.'A'purchases Ag.land (Containing Two Sy. Nos
'X' & 'Y') (through a Registerd deed)from a person Mr.'B' of a Family 'F', 1n the year 1972, and having Pass-Book issued by the Revenue authorities.And he also have pahani copy of the same entries( SY. Nos. 'X' & 'Y') reflected in the years 1994-95 &1995-96. After this the person Mr.'A' did not checked these details and recently found,some other name of Mr.'C' of Family 'F' is entered in the Revenue records ( On Sy, No. 'Y') and further shocking is, he Mr.'C' (changed /Transffered the above land to his sons names, the Sy. No.'Y')is occupied and growing plantaion in the land.

What is the remidy for this, Mr. 'A' has last his original registration deed copy. But obtained a copy from the Registering authorities, yesterday.

This is pertains to the State of Andhraprdesh.

Kindly suggest the action to be taken at the erliest, PLEASE.

With regards and Thnaking ALL the Forum members in advance.

Chetan Pichamuthu   04 October 2010 at 23:07

Partition under Muslim Law

Hi, A known muslim family of 3 sons & 2 daughters have inherited a property from their late mother; who inturn had got it from her late father.
All the aforementioned members are in joint possession of property & Khatha stands in mothers name...2 sons are since deceased with 1st son survived by his wife & 2nd son died un-married.
Now a partition needs to be done among the survivours, hence the following query;
1) How will the share of 2nd son(Un-married) be divided among the remaining heirs? Is it 1/5 share of property divided by 1/4th?
2) The children of the last daughther are against selling the property, in this scenario, can the remaining sell their share of property & is a partition deed suffice?
3) What is the remedy if they continue to oppose the partition deed? Is it partition suit or can the property be sold to the extent their individual share.

Anonymous   04 October 2010 at 22:51

Will or Gift deed- Ideal for transfer

Hi, The query is with respect to a Known family(Christian) who had adopted a girl child & she has since attained majority. Now the Father wants to will his self aquired property to his wife(1st beneficiary) & after her demise to their only daughther(2nd beneficiary).
Now the concerns are;
1) Which is a better mode of transfer will or gift deed? And in the given instance can gift cover the clause of tranfer to 2nd beneficiary.
2) Should will be probated & any new ruling on the same?

Anonymous   04 October 2010 at 19:48

Guest House or PG accommodation in a house/apartment/society flat

Dear,

* Is Guest House or PG accommodation same?

* Is it allowed to open/run either of these in a house/apartment/society flat?

* Is any permission necessary for this (other than society's permission in case its in the society)?

Thanks.

Anonymous   04 October 2010 at 16:43

cancell of POA

we [three of us]gave power of attorney to a person in 2005.as we find him to be a cheat two of us cancelled the POA. third person could not join as he was abroad. After cancelling the POA, agent has sold the land three years ago mentioning payment by DDs dated before cancelling of POA and also influenced to get the patta changed in his name. what is our option now and what is our chances in winning the civil suit. Kindly advise.





Expert : R.Ramachandran

Posted On
04 October 2010
Dear Anonymous,
How can one get the DDs dated before cancelling the POA? Suppose you cancel the POA today and inform your Agent, at best he can get the DD made in today' date and say that it was got prepared prior to intimation of the POA Cancellation. But can he get the DD prepared in yesterday's date (however influential he may be)?
Assuming that he got the DD payment earlier, did or did he not give the money to you, you being the original owners of the asset. Your points are not clear.


Dear sir, Thank you for your reply. The power agent knew about the cancellation even while cancelling at the registrar's office and also taken a xerox copy of it personally. He was negotiating for a settlement all these years and suddenly we come to know that he has sold to a third party [ his friend] mentioning the payment as having been made by DD dated prior cancellation perhaps given to him for someother transaction. One flaw in our case is that believing him we have not sent the copy of cancelled POA by post . Now what is the remedy . Kindly advise. Regards.
Giridharan

Nagaraj G   04 October 2010 at 16:07

Sale Deed Queries

Hello Sir,

This is Nagaraj G from chennai.

I have given an advance amount and booked the appartment in Thirumullaivoyal(Chennai) during august month. Intially the builder has provided UDS agreement and builders agreement in a stamp paper which has all the schedules and property details.By submitting the above two documents,other property details and my employment details i have applied for loan and loan has been sanctioned in AXIS bank.

I need your advise and guidance before proceeding to sale deed registration :

1) The sale deed is registered only for UDS value - is this correct way of doing appartment registartion?

2) The sale deed does not exactly specify the bulit up measurement and floor details clearly in schedule B, the bulider says the propery measurement will not be mentioned since by doing that it will shoot up stamp duty charges and however he has given the flat built up, floor details clearly in "Builders Agreement" which was earlier submitted to the bank for loan purpose - Pls advise if this correct way of doing it?

3) There are four flats with four covered car parking as per bulider plan, however the builder advise not to mention the car parking specifications in the sale deed since that will shoot up the stamp duty charges for me, alternatively the builder confirmed to provide the allotment letter for car parking while handing over the key - is that correct way of doing it or i need to stress the builder to include the car parking details in sale deed. The car parking carge is 1Lakh.Pls advise the correct procedure.

As i am doing the property registration for the first time, want to be very careful and clear of the registraion procedure to avoid risk.

Thanks,
Nagaraj G