Prop. trf. by power of attorny
biren shah
(Querist) 21 October 2011
This query is : Resolved
b4 6 years my mother give a power of attorny to my brother in some critical situation. i have no xerox of it.
recently i know my brother sale and done agreement in favour of my brother in law by way of some amt. taken in cash. it is also b4 6 years
it is legal or illigal ?
ajay sethi
(Expert) 21 October 2011
was power of attorney registered?
you can request your mother for information on document executed by her . if she wants to share details with you she will do so .
if pursuant to power of attorney given by your mother your brother has sold some property it must be with your mother consent .
entire amount cannot be received in cash . if your brother has received substantial amount in cash it is all black money and in violation of law
if all the said actions were done 6 years back why are you agitated now?
Sailesh Kumar Shah
(Expert) 21 October 2011
Author come to with answers of question asked by Shri Ajay Sethi.
bhagwat patil
(Expert) 22 October 2011
If the agreement sale b4 POA then it's not legal one.if you have any documentary proof only when u will find subtance.
prabhakar singh
(Expert) 24 October 2011
IF IT WAS NOT A REGISTERED POA WITH A RIGHT CONFERRED TO SALE,THE SALE DEED IS OUT RIGHT VOID.
OTHER WISE TOO YOUR MOTHER CAN ASSAIL POA AS WELL AS SALE JUST NOW ALLEGING KNOWLEDGE NOW AFTER SALE ON INTERFERENCE OF BUYER IN HER POSSESSION ON THE GROUND THAT YOUR BROTHER BY ABUSING THE RELATION SHIP AND MISREPRESENTING FACTS PLAYED SOME FRAUD HENCE THE POA IS VOID AND CONSEQUENTLY THE SALE DEED TOO.
Devajyoti Barman
(Expert) 24 October 2011
It would depend upon the terms of the POA and whether the Principal was alive at time of its acting upon.
If the POA was not registered then the constituted attorney could not transfer the property though he may enter into an agreement for sale.
So first come out with the details of the nature of deed your brother has executed.
Sri Vijayan.A
(Expert) 27 October 2011
The question is already answered by various experts.
I hope the author might have got enough knowledge.
If he has still doubt, he can come again with details as already asked by experts.
