registration of documents of sale or lease of property
Querist :
Anonymous
(Querist) 15 February 2009
This query is : Resolved
I want to know following things for Registration of a sale/lease of a property in India:-
1)DO Registrar check the Authority of Power of Attorney Holder of Seller at the time Registry of the property.
If now ,after 25Yrs Buyer lost the POA of seller,can he call the Registration Dept for witness ,in civil case filed by him on seller for title suit?
2)Power Of attorney Holder of the seller before the Registry of the above property taken out permission under sec.26 and u/s 27 of the Urban Land Ceiling And Regulation Act,1976 , in Raipur ,for sale of the above property to the buyer.Do the Above Dept.
check the Authority of POA Holder before permitting him the sale of the property.
Do they have to keep with them a copy of POA Holder in the case,seeking permission under the Act.?
Can we call them in civil court for witness ?
3) what is the time frame to challenge the mutation in Land Revenue ?.Can a seller can challenge after 23 yrs of mutation?
4)If seller in our case give his power to his relative and take some order against us and suddenly his said relative get expires ,can he refuse the power given to his relative?
If he refuse ,what is the status of the order which his so relative has taken ,on behalf of him ,as his POA holder? Is the said order is valid ?
Can we file criminal case against seller for immediate refusing with in a year ,the POA given by him in a court and refusing the same in the another court with in period less than a year,after the death of POA holder?
Can we do something ,if the seller again submitting the order copy which he got by his POA in again third court,where he is accepting the cancelled order.
Here, the Seller first gave his POA to his relative and got a order in his favour througgh his POA HOLDER, later sometime after he refuses the POA given ever to his said relative in another Court and again After sometime he submits the said cancelled order got by his POA holder in some Civil Court i.e he again accept.What action we can do in civil court and else against the seller?
5) The seller got I.T permission before the Registry and it was taken by them only, for selling the property to us,under section 230A(1),under Form no.34A(see Rule 44A) from Jodhpur and Raipur I.T dept,where the joint owners were assessed,and the same contain the sign of assesee i.e seller and I.T officer and is also attached in the Registry done in Yr.1979.
Can we call the I.T dept for witness or can we ask them to give the true certified copy of the case filled by the assesee for taking the permission certificate?
6) We have been served notice by I.T dept after the Registry for purchasing undervalued the proerty under section 269L(2) ,of I.T Act,1961.
Can we can also call them for Witness in civil court?
Do under the above I.T Act,notice is served to only buyer or also to seller of the Property?
,
Please help me by giving me your honourable advice or opinion and oblidge.
Thanking You Sirs,
Yours Faithfully,
Sanjay chandak
Sushil Kumar Bhatia
(Expert) 16 February 2009
Dear,
your query still not clear please give following details.
1, whether you are actual owner or purchaser of property.2, who had sold property and relation with you 3, whether power of attorney himself purchaser in garb of POA 4, how your rights are effected by the POA and its holder 4, whether the property in dispute is unlawfully tranferred without your consent or knowledge
ARVIND JAIN
(Expert) 17 February 2009
PL SUPPLY BETTER PARTICULARS FOR SUITABLE REPLY.
PALNITKAR V.V.
(Expert) 17 February 2009
The query was given status as Resolved though the experts have requested to give more particulars. Hence, I am resetting the status as open.
Abhishek
(Expert) 17 February 2009
some more specifications plzzz...
Kiran Kumar
(Expert) 17 February 2009
float the query with better particulars.
Querist :
Anonymous
(Querist) 18 February 2009
Sir,
We are the purchaser of the property and the seller got his property sale registered through his Power Of Attorney Holder in year 1979.
Now in year 2005,we lost out of two registeries ,one Registry and Power Of Attorney of the seller,for which we have given police complaint,and a advertisement of lost in Local Newspaper.After getting knowledge of lost of the POA and also getting benefit of death of POA holder of seller,seller started trying to resale the property stating that they gave the property 30 yrs back for staying on license by words and they are revoking the same.Hindi words is " mokhikh rahawasi license" as said by them.According to them they never gave Authority to any one for sale of the property to us.
our one problem is also that out of two properties purchased one property was Residential building,where we are staying from that time,got name transferred in Muncipality and Electricity dept,but not got transferred in Land Revenue Records and for other property we are having all the records,even name transffered in Land Revenue Records from 1985,but for it they simply by illegal manner ,seller by hiding the govt records with some officers help,got there name again in Govt records.
I have written earlier about the various documents we are having and for which you were needing some clarification.
We are having possession of the property,sellers own original registry-which they gave us at the time of the Registry.
We only filed case on the seller for getting status quo and Title Deed suit.
Please help me and Thannks for reading my problem.I am highly oblidged in getting your honourable advice.
yours faithfully,
sanjay chandak
9300061575
Kamlesh soni
(Expert) 18 February 2009
please give some more clearification
Querist :
Anonymous
(Querist) 19 February 2009
please suggest me
PALNITKAR V.V.
(Expert) 19 February 2009
Whether the power of attorney under which sale was executed was registered? Do you have atleast a xerox copy of the POA.
Querist :
Anonymous
(Querist) 20 February 2009
no,sir,we lost the only copy of POA with the orginal Registry.
we got true copy of the Registry,but POA was not enclosed that time in the Registry.
POA was not Registered.
But in the true copy of the Registry,we received I.T Permission Certificate ,obtained by the joint owner to sale the property which seller got before the Registry from Raipur and Jodhpur I.T Dept,where both joint owner use to assess.,and Land Ceiling permission to sale the Property to us was attached which the POA holder of the seller obtained from the said Dept,before executing Registry to us.
PALNITKAR V.V.
(Expert) 20 February 2009
If the permission obtained by the joint owners from the IT and from the ULC authority for sale of the property and your name is mentioned as prospective purchaser, then that would be a circumstance in your favour. I believe, there must be some reference to the POA, if the POA has obtained any of these permissions on behalf of the original owners. If you do not get any document indicating that the owner had given POA, then I think you should claim ownership by adverse possession as 12 years have already passed.
A. A. JOSE
(Expert) 21 February 2009
Yes, ownership by adverse possession can be claimed.
Querist :
Anonymous
(Querist) 24 February 2009
my above querry is still open
